IN THE UNITED STATES FOR THE MIDDLE DISTRICT

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

Plaintiff,

v.

)

)

TRIAD CLINICAL LABORATORY, INC. )

)

Defendant.

)

)

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 retaliation, and to provide appropriate relief to Terri Jessup, who was adversely affected by such practices. Specifically, the Equal Employment Opportunity Commission (the "Commission") contends that Defendant Triad Clinical Laboratory, Inc. discharged Ms. Jessup because of her association with a person who had filed a charge of discrimination with the Commission. The Commission further contends that Defendant discharged Ms. Jessup in retaliation for her participation in a Commission investigation and her complaints about sexual harassment. All of the aforementioned activities are protected activities.
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 Section 706(f)(1) and (3) of Title VII

of the 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 the United States District Court for the Middle District of North Carolina.

PARTIES

3. Plaintiff, the Equal Employment Opportunity 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)(1) and (3) of Title VII, 42

U.S.C. § 2000e-5(f)(1) and (3).

4. At all relevant times, Defendant Triad Clinical Laboratory, Inc., has been a North

Carolina corporation doing business in North Carolina and in Forsyth County, and has continuously

had at least fifteen (15) employees.

5. At all relevant times, Defendant Triad Clinical Laboratory, Inc., 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, Terri Jessup 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. On or about September 5, 2002, Defendant engaged in an unlawful employment

practice at its Winston-Salem, North Carolina facility, in violation of Section 704(a) of Title VII, 42

U.S.C. §2000e-3(a), by discharging Terri Jessup because of her association with a former employee who had filed a charge of discrimination with the Commission against Defendant. Ms. Jessup had worked with the former employee while working for Defendant. On information and belief, Defendant learned that Ms. Jessup remained a personal acquaintance of said former employee after his discharge from Defendant, and that Ms. Jessup had met with said former employee after the employee filed his charge of discrimination. The Commission alleges that Defendant believed that Ms. Jessup, because of her association with said former employee, would give testimony to the Commission in its investigation of the former employee’s charge and/or would otherwise support said former employee in the pursuit of his claim of discrimination against Defendant.
8. On or about September 5, 2002, Defendant engaged in an unlawful employment practice at its Winston-Salem, North Carolina facility in violation of Section 704(a) of Title VII, 42 U.S.C. §2000e-3(a), by discharging Terri Jessup because she participated in a Commission investigation. Specifically, Ms. Jessup gave testimony to the Commission during its investigation of a charge of discrimination filed by a former employee of Defendant.
9. On or about September 5, 2002, Defendant engaged in an unlawful employment practice at its Winston-Salem, North Carolina facility, in violation of Section 704(a) of Title VII, 42 U.S.C. §2000e-3(a), by discharging Terri Jessup because she opposed employment practices made unlawful by Title VII. Specifically, Ms. Jessup complained to Defendant that she was being sexually harassed.
10. The effect of the practices complained of in paragraphs 7 through 9 above has been to deprive Terri Jessup of equal employment opportunities and otherwise adversely affect her status as an employee because of her association with a person who filed a charge of discrimination against

Defendant, her participation in a Commission investigation, and/or her opposition to employment practices that she reasonably believed to be unlawful under Title VII.
11. The unlawful employment practices complained of in paragraphs 7 through 9 above were intentional.
12. The unlawful employment practices complained of in paragraphs 7 through 9 above were done with malice or with reckless indifference to the federally protected fights of Terri Jessup.
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 discriminating against current or former employees based on their participation in Commission investigations, their association with people who participate in Commission investigations, and/or their opposition to unlawful employment practices or employment practices which employees reasonably believe to be declared unlawful by any statute enforced by the Commission. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for employees who participate in Commission investigations and/or oppose employment practices which the employee reasonably believes to be unlawful under any statute enforced by the Commission. C. Order Defendant to make whole Terri Jessup by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices described above, including but not limited to reinstatement or front pay.
4

D. Order Defendant to make whole Terri Jessup by providing compensation for past and

future pecuniary losses resulting from the unlawful employment practices described in paragraphs

7 through 9 above, including but not limited to medical expenses and job search expenses, in

amounts to be determined at trial.

E. Order Defendant to make whole Terri Jessup by providing compensation for past and

future non-pecuniary losses resulting from the unlawful employment practices complained of in

paragraphs 7 through 9 above, including but not limited to emotional pain, suffering, inconvenience,

loss of enjoyment of life, loss of civil rights, and humiliation, in amounts to be determined at trial.

F. Order Defendant to pay Tewi Jessup punitive damages for its malicious and reckless

conduct described in paragraphs 7 through 9 above, in amounts to be determined at trial.

Go

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. DATED this the _~__ ~’~" day of September, 2004.

Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
BARNES Acting Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202
G. MAHOOD Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608 (919) 856-4080
ATTORNEYS FOR PLAINTIFF
6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLIN
CIVIL ACTION NO. 1:04CV00787

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

)

v.

)

)

TRIAD CLINICAL LABORATORY, INC.

)

)

Defendant.

)

)

SETTLEMENT AGREEMENT

The Equal Employment Opportunity Commission (the "Commission") instituted this action
pursuant to Section 706(f)(l) and (3) ofTitle va of the Civil Rights Act of 1964, as amended, 42
U.S.C. Section 2000e-5(f)( 1) and (3) ("Title Vll"), and Section 102 of the Civil Rights Act of 1991,
42 U.S.c. § 1•981a.
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. Therefore, the parties have agreed to the entry of this Settlement Agreement. This Agreement, 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 Agreement. The parties have agreed to this Agreement, and neither this Agreement nor the provisions contained herein shall be interpreted or construed as an admission by Defendant of a violation of Title Vll 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:

Case 1:04-cv-00787 Document 17 Filed 10/31/2005 Page 1 of 5

(1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and

provisions of Title VII will be promoted and effectuated by the entry of the Settlement Agreement; and

(3) this Agreement resolves all matters in controversy between the parties as provided in paragraphs I

through 9 below.

It is therefore ORDERED, ADJUDGED, AND AGREED as follows:

I.

Defendant shaH pay Terri Jessup the sum often thousand doHars ($\ 0,000.00) in

settlement of the claims raised in this action. In addition, Defendant shall pay Terri Jessup the sum of

three hundred dollars ($300.00) to retain private counsel for the purpose of reviewing Defendant's

General Release and advising Ms. Jessup concerning same. Defendant shall make payment by issuing a

check payable to Terri Jessup. Payment shall be made within fifteen (15) days after the Court

approves this Settlement Agreement, and Defendant shall mail the check to Terri Jessup at an address

provided by the Commission. Within ten (10) days after the check has been sent, Defendant shall mail

to Lynette A. Bames, Acting Regional Attorney, at the Equal Employment Opportunity Commission,

129 W. Trade Street, Suite 400, Charlotte, N.C., 28202, a copy of the check and proof of its delivery

to Terri Jessup.

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 because of

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

proceeding or hearing under that statute.

3. Defendant does not currently conduct business within the United States or within any

foreign jurisdiction. If Defendant resumes business within the United States or within any foreign

2

Case 1:04-cv-00787 Document 17 Filed 10/31/2005 Page 2 of 5

jurisdiction during the term of this Agreement, Defendant agrees to provide the following, described in paragraphs 4 and 5 below.
4. Within fifteen (15) days after resuming business operations in any state within the United States or within any foreign jurisdiction, Defendant shall adopt, implement, and distribute a formal, written anti-discrimination policy to each manager, supervisor, and employee at each of Defendant's facilities. The policy shall include but not be limited to the following: an explanation of the requirements of the federal equal employment opportunity laws, including Title VII and its prohibition against retaliation. Within twenty (20) days after resuming business operations in any state within the United States or within any foreign jurisdiction, Defendant shall report compliance to the Commission. During the term of this Agreement, Defendant shall distribute the policy to all new employees and review it with them at the time of hire.
5. Within fifteen (15) days after resuming business operations in any state within the United States or within any foreign jurisdiction, Defendant shall train all of its managers, supervisors, and employees on the requirements of Title Vl1 of the Civil Rights Act of 1964, and its prohibition against retaliation in the workplace. The training shall also include an explanation of Defendant's policy referenced in paragraph 4 above, and an explanation of the rights and responsibilities of employees and managers under the policy. Within twenty (20) days after resuming business operations in any state within the United States or within any foreign jurisdiction, 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.
6. The term of this Agreement shall be for two (2) years from its entry by the Court. 3
Case 1:04-cv-00787 Document 17 Filed 10/31/2005 Page 3 of 5

7. All reports or other documents sent to the Commission by Defendant pursuant to this Agreement shall be sent to: Lynette A. Barnes, Acting Regional Attorney, at the Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte, N.C., 28202.
8. Except as set forth herein, each party shall bear its own costs and attorney's fees. 9. The Commission will file a Stipulation of Dismissal with Prejudice contemporaneously herewith dismissing the underlying action. The Court shall have jurisdiction over any action to enforce the Settlement Agreement. Approved:

Date

Judge, U.S. DI

ourt

District of North Carolina

The parties jointly request that the Court approve and enter the Settlement Agreement:

4
Case 1:04-cv-00787 Document 17 Filed 10/31/2005 Page 4 of 5

EQUAL EMPLOYMENT OPPORTUNITY TRIAD CLINICAL LABORATORY, INC.,

COMMISSION, Plaintiff

Defendant

JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

-
KEVIN V. PARSONS, ESQ. Parks, Chesin & Walbert 52 I E. Morehead St., Suite 120 Charlotte, North Carolina 28202 Tel. (704) 377-2770

Acti g Regional Attorney 129 West Trade Street, Suite 400 Charlotte, N.C. 28202 Tel: (704) 344-6878

~RTTH ·/" w.ti0C~

COHEN

=

Senior Trial Attorney

1309 Annapolis Drive

Raleigh, N.C. 27608

Tel. (919) 856-4148

Case 1:04-cv-00787 Document 17 Filed 10/31/2005 Page 5 of 5

 
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18RA, CASREF, CLOSED, MEDIATION, SO30
U.S. District Court North Carolina Middle District (Durham) CIVIL DOCKET FOR CASE #: 1:04-cv-00787

EEOC v. TRIAD CLINICAL LAB. Assigned to: FRANK W. BULLOCK, JR Demand: $0 Cause: 42:2000 Unlawful Employment Practices

Date Filed: 09/01/2004 Date Terminated: 10/31/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by ERIC S. DREIBAND EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 LEAD ATTORNEY ATTORNEY TO BE NOTICED

GWENDOLYN YOUNG REAMS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 LEAD ATTORNEY ATTORNEY TO BE NOTICED

KERITH COHEN EQUAL EMPLOYMENT OPPORTUNITY COMM. 1309 ANNAPOLIS DR. RALEIGH, NC 27608-2129 919-856-4148 Fax: 919-856-4156 Email: kerith.cohen@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

LYNETTE A. BARNES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. TRADE ST., STE. 400 CHARLOTTE, NC 28202 704-344-6878 Fax: 704-344-6780

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V.
Defendant TRIAD CLINICAL LABORATORY, INC.

Email: lynette.barnes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
ZOE GABRIELE MAHOOD EQUAL EMPLOYMENT OPPORTUNITY COMM. 1309 ANNAPOLIS DR. RALEIGH, NC 27608-2129 919-856-4080 Fax: 919-856-4156 Email: zoe.mahood@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JANET J. HIGLEY PARKS CHESIN & WALBERT, P.C. 521 E. MOREHEAD ST., STE. 120 CHARLOTTE, NC 28202 704-377-2770 Fax: 704-377-2703 Email: jhigley@pcwlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
KEVIN V. PARSONS PARKS CHESIN & WALBERT, P.C. 521 E. MOREHEAD ST., STE. 120 CHARLOTTE, NC 28202 704-377-2770 Fax: 704-377-2703 Email: kparsons@pcwlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
09/01/2004
09/01/2004 09/01/2004 09/01/2004

#

Docket Text

**Case assigned to Magistrate Judge DIXON. AO Code 18RA (J. Lance) (Entered: 09/02/2004) STANDING ORDER 30 CASE (J. Lance) (Entered: 09/02/2004) 1 COMPLAINT; jury demand (J. Lance) (Entered: 09/02/2004) Notice of Right to Consent 28 USC 636(c)(2) (J. Lance) (Entered: 09/02/2004)

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09/09/2004 09/30/2004 10/01/2004
10/28/2004 10/28/2004 11/05/2004 11/18/2004 11/24/2004 12/01/2004 12/09/2004 12/09/2004
12/09/2004 12/09/2004 12/09/2004 01/31/2005 02/10/2005

2 NOTICE of Attorney Appearance for TRIAD CLINICAL LAB. by KEVIN V. PARSONS (N. Dickerson) (Entered: 09/09/2004)
3 NOTICE of Attorney Appearance for TRIAD CLINICAL LAB. by JANET J. HIGLEY (K. Welch) (Entered: 10/01/2004)
4 WAIVER OF SERVICE OF SUMMONS Returned Executed as to TRIAD CLINICAL LAB. on 9/3/04 by Rebecca D. Kovalich, Registered Agent. Answer due on 11/2/04 for TRIAD CLINICAL LAB. (N. Dickerson) (Entered: 10/01/2004)
5 ANSWER to Complaint by TRIAD CLINICAL LAB. (K. Welch) (Entered: 10/28/2004)
CASE AT ISSUE (K. Welch) (Entered: 10/28/2004)
6 NOTICE of Hearing: set Initial Pretrial Conference for 9:30 12/15/04 in DURHAM COURTROOM ( before MAG/JUDGE WALLACE W. DIXON ). Ccs. dist. (W. Williamson) (Entered: 11/05/2004)
7 NOTICE TO PARTIES RE STANDING ORDER 30. (D. Mccarty) (Entered: 11/18/2004)
8 NOTICE of Attorney Appearance for EEOC by KERITH COHEN (K. Welch) (Entered: 11/24/2004)
CASE REFERRED to Mag/Jud Dixon re: proposed Jt. Rule 26(f) Report. (W. Williamson) (Entered: 12/01/2004)
CASE NO LONGER REFERRED to Mag/Jud DIXON (K. Welch) (Entered: 12/10/2004)
9 Joint Rule 26(f) Report and Order setting Discovery cutoff date as 7/29/05; Notice of Intent to file Disp. Motions due by 8/8/05; Complex case-management; Mediation should be conducted late in the discovery period, the exact date to be set by the mediator after consultation with the parties; Plaintiff should be allowed until January 7, 2005 to request leave to join additional parties or amend pleadings. Defendant should be allowed until February 7, 2005 to request leave to join additional parties or amend pleadings; The parties do not agree to reference the case to the Magistrate Judge. Signed by MAG/JUDGE WALLACE W. DIXON. ETT 5 days, JURY TRIAL; Ccs. Dist. [EOD Date 12/10/04] (K. Welch) (Entered: 12/10/2004)
Complex Case (K. Welch) (Entered: 12/10/2004)
Mediation Hearing set for no later than 7/29/05. (C. Gammon) (Entered: 12/13/2004)
CASE SELECTED FOR MEDIATION (C. Gammon) (Entered: 12/13/2004)
10 NOTICE of Hearing: set Jury Trial for 9:30 1/9/06 in UNASSIGNED COURTROOM , set Brief deadline to 12/21/05 () (D. Mccarty) (Entered: 01/31/2005)
11 ORDER Appointing Mediator J. DICKSON PHILLIPS, III (signed by Clerk) pursuant to LR 83.10d(b). Ccs. dist. [EOD Date 2/10/05] (C. Gammon) (Entered:

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05/03/2005 05/04/2005
07/22/2005
07/26/2005 08/03/2005
08/10/2005
08/29/2005 09/09/2005 09/14/2005 10/14/2005 10/31/2005 10/31/2005 10/31/2005 10/31/2005

02/10/2005)
Proposed consent protective order referred to Magistrate Judge Dixon via e-mail (McCarty, Dianne) (Entered: 05/03/2005)
12 CONSENT PROTECTIVE ORDER signed by Judge WALLACE W. DIXON on 5/4/5, Re: Confidential Documents (Welch, Kelly) Attachment(s) added on 7/13/2005 (Welch, Kelly). Modified on 7/13/2005 to include Proposed Consent Protective Order (Welch, Kelly). (Entered: 05/04/2005)
13 JOINT MOTION for Extension of Time until 9/30/05 to complete discovery and mediation by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, TRIAD CLINICAL LABORATORY, INC. (Wilson, JoAnne) (Entered: 07/22/2005)
MOTIONS 13 MOTION for Extension of Time REFERRED to Magistrate Judge Dixon (McCarty, Dianne) (Entered: 07/26/2005)
14 ORDER signed by Judge WALLACE W. DIXON on 8/3/05 granting (docket no. 13) Joint motion to enlarge the time for discovery and mediation, on the conditions as set out; Discovery due by 9/30/2005. Mediation due by 9/30/2005. Summary Judgment Motions due by 10/10/05. Responses due by 10/20/05. Replies due by 10/26/2005. (Welch, Kelly) (Entered: 08/03/2005)
15 MOTION to Amend 1 Complaint to Delete Claim for Non-Pecuniary Compensatory Damages by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Responses due by 9/2/2005. (Welch, Kelly)Modified on 8/12/2005 to add Exhibit 1 (Welch, Kelly). (Entered: 08/12/2005)
Set/Reset Scheduling Order Deadlines: Mediation re-set to 9/30/2005. (Gammon, Cheryl) (Entered: 08/29/2005)
MOTIONS 15 MOTION to Amend 1 Complaint REFERRED to Magistrate Judge Dixon (McCarty, Dianne) (Entered: 09/09/2005)
16 ORDER Granting 15 Motion to Amend Complaint. Signed by Judge WALLACE W. DIXON on 9/14/05. (Welch, Kelly) (Entered: 09/14/2005)
Case Reported Settled by Kerith Cohen with EEOC. Stipulation of dismissal due 11/14/2005 (McCarty, Dianne) (Entered: 10/14/2005)
CASE REFERRED to Judge Bullock (McCarty, Dianne) (Entered: 10/31/2005)
Case no longer referred to Judge BULLOCK (Welch, Kelly) (Entered: 10/31/2005)
17 SETTLEMENT AGREEMENT signed by Judge FRANK W. BULLOCK, JR. on 10/31/05 as set out; (Welch, Kelly) (Entered: 10/31/2005)
18 FINAL ORDER signed by Judge FRANK W. BULLOCK JR. on 10/31/05, that this Court shall have jurisdiction of this cause for purposes of monitoring compliance with the Settlement Agreement and entry of such further orders may be necessary or appropriate, and this Court shall have jurisdiction over any action to enforce the Settlement Agreement filed herewith. The Clerk is directed to send a copy of this Order to counsel of record. (Welch, Kelly) (Entered: 10/31/2005)

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10/31/2005 11/02/2005

19 STIPULATION OF DISMISSAL filed by the Parties pursuant to Rule 41(a) of the FRCvP, that all claims in this action, shall be dismissed with prejudice. (Welch, Kelly) (Entered: 10/31/2005)
20 NOTICE of Trial Calendar Jury Trial set for 1/9/2006 09:30 AM in Greensboro Courtroom #2 before CHIEF JUDGE N. C. TILLEY JR.. (Winchester, Robin) (Entered: 11/02/2005)

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