Case 5:00-cv-00694-F Document 1 Filed 09/20/2000 Page 1 of 7

F I LED IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLIN1sc

WESTERN DIVISION

c;P 2 0 2000

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

COTT BEVERAGE USA, INC.,

)

)

Defendant.

)

)

--w '" ' CIVIL ACTION No·5: 00

COMPLAINT JURY TRIAL DEMAND

Ccqt+~t=
(3 J

NATURE OF THE ACTION

This is an action under the Equal Pay Act of 1963, Title VII of the Civil Rights Act of

1964 and Title I of the Civil Rights Act of 1991 to restrain the unlawful payment of wages to

employees of one sex at rates less than the rates paid to employees of the opposite sex, and to

provide appropriate relief due to employees as a result of such unlawful employment practices.

Plaintiff, the Equal Employment Opportunity Commission, alleges that Cott Beverage USA, Inc.

subjected Laurie Atkinson to unequal wages for the same job as her male counterparts.

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 16(c) and 17 of the

Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217, to

enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA, 29

U.S.C. § 206(d), and pursuant to Section 706(t)(1) and (3) of Title VII of the Civil Rights Act

of 1964, as amended, 42 U.S.C. § 2000e-5(t)(1) and (3) ("Title VIlli). This action is also

Case 5:00-cv-00694-F Document 1 Filed 09/20/2000 Page 2 of 7
authorized and instituted 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 the Equal Pay Act and Title VII, and is expressly authorized to bring this action by Sections 16(c) and 17 of the FLSA, 29 U.S.C. §§ 216(c) and 217, as amended by Section 1 of Reorganization Plan No.1 of 1978, 92 Stat. 3781, and Public Law 98-532 (1984), 98 Stat. 2705; and by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(I) and (3). 4. At all relevant times, Defendant, Cott Beverage USA, Inc. (the "Employer"), has continuously been incorporated in Georgia, doing business in the State of North Carolina and the City of Wilson, and has continuously had at least 15 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). 6. At all relevant times, Defendant Employer has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
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Case 5:00-cv-00694-F Document 1 Filed 09/20/2000 Page 3 of 7
7. At all relevant times, Defendant Employer has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and (j) of the FLSA, 29 U.S.C. §§ 203(b) , (i) and (j).
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Laurie Atkinson filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least August 4, 1997, Defendant Employer has engaged in unlawful employment practices at its Wilson, North Carolina facility, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). Specifically, Defendant subjected Laurie Atkinson, the only female production supervisor, to unequal wages by paying her lower wages than her male counterparts for substantially equal work under similar working conditions. 10. The effect of the practices complained of in paragraph 9 above has been to deprive Laurie Atkinson of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex. 11. The unlawful employment practices complained of in paragraph 9 above were intentional. 12. The unlawful employment practices complained of in paragraph 9 above were done with malice or with reckless indifference to the federally protected rights of Laurie Atkinson. 13. Since at least August 4, 1997, Defendant Employer has violated Sections 6(d)(1) and 15 (a)(2) of the FLSA, 29 U.S.C. §§ 206(d)(1) and 215(a)(2), by paying wages to its female production supervisors, in its Wilson, North Carolina facility, at rates less than the rates paid to
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Case 5:00-cv-00694-F Document 1 Filed 09/20/2000 Page 4 of 7
male employees in the same establishment for substantially equal work on jobs the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions.
14. At a result of the acts complained of above, Defendant Employer unlawfully has withheld and is continuing to withhold the payment of wages to Laurie Atkinson.
15. The unlawful practices complained of in paragraph 13 above were willful. PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Cott Beverage USA, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in the payment of unequal wages on the basis of sex and any other employment practice which discriminates on the basis of sex. B. Grant a permanent injunction enjoining the Defendant Cott Beverage USA, Inc., its officers, successors, assigns and all persons in active concert or participation with it, from discriminating within any of its establishments between employees on the basis of sex, by paying wages to employees of one sex at rates less than the rates at which it pays wages to employees of the opposite sex for substantially equal work onjobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. C. Order Defendant Cott Beverage USA, Inc. 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.
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Case 5:00-cv-00694-F Document 1 Filed 09/20/2000 Page 5 of 7
D. Order Defendant Cott Beverage USA, Inc. to make whole Laurie Atkinson, 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.
E. Order Defendant Cott Beverage USA, Inc. to make whole Laurie Atkinson, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 9 above, in amounts to be determined at trial.
F. Order Defendant Cott Beverage USA, Inc. to make whole Laurie Atkinson by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 9 above, in amounts to determined at trial.
G. Order Defendant Cott Beverage USA, Inc. to pay Laurie Atkinson punitive damages for its malicious and reckless conduct described in paragraph 9 above, in amounts to be determined at trial.
H. Grant a judgment requiring Defendant Cott Beverage USA, Inc. to pay appropriate back wages in amounts to be determined at trial, an equal sum as liquidated damages, and prejudgment interest to employees whose wages are being unlawfully withheld as a result of the: acts complained of above, including but not limited to Laurie Atkinson.
I. Grant such further relief as the Court deems necessary and proper in the public interest.
J. Award the Commission its costs of this action.
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Case 5:00-cv-00694-F Document 1 Filed 09/20/2000 Page 6 of 7
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
60 DATED this 111 day of~~OOO.
Respectfully submitted,
C. GREGORY STEWART General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L Street, N.W. Washington, D.C. 20507
~,~
MINDYRENsTEIN Regional Attorney
--
LYNETTE BARNES Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202
~G.ciAHO~ c§) Trial Attorney
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Case 5:00-cv-00694-F Document 1 Filed 09/20/2000 Page 7 of 7
J(~~
Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608 (919) 856-4148
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 Case 5:00-cv-00694-F Document 3 Filed 01/30/2001 Page 1 of 6

FILE 0 IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

JAN 30 200l

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

COTT BEVERAGE USA, INC.,

)

)

)

Defendant.

)

------------------------------~)

DAVID W DANIEL, CLERI\ US DISTRICT COURT E DIST. N. CAROLINA
~IVIL ACTION NO.
5:00-CV-694-F(3)
CONSENT DECREE
rt ~ Dt', +';;t;; ,p Cj I

The Equal Employment Opportunity Commission (the "Commission") instituted this

action pursuant to Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the "FLSA"),

as amended, 29 U.S.C. §§ 2l6(c) and 217, to enforce the requirements ofthe Equal Pay Act of

1963 (the "Equal Pay Act"), codified as Section 6(d) of the FLSA, 29 U.S.C. § 206(d), and

pursuant to Section 706(£)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended,

42 U.S.C. § 2000e-5(£)(I) and (3) ("Title VII") and Section 102 ofTitle I of the Civil Rights Act

of 1991, 42 U.S.c. § 1981a.

The Commission and the Defendant, Colt Beverages, USA, Inc., now known as BCB

USA, Corp., (the "Defendant"), hereby stipulate to jurisdiction ofthe 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.

This Decree shall not constitute an adjudication on the merits of the Commission's case

and shall not be construed as an admission by Defendant of any discriminatory practice.

Case 5:00-cv-00694-F Document 3 Filed 01/30/2001 Page 2 of 6
The Court has been advised that the parties hereto have agreed as follows: I. Notwithstanding the non-admission ofliability above, Defendant shall not discriminate against any employees on the basis of sex or any other protected category. Specifically, Defendant shall not pay female employees lower wages than it pays to male employees in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions, except where such payment is made pursuant to (a) a seniority system; (b) a merit system; (c) a system which measures earnings by quantity or quality of production; or (d) a differential based on any other factor other than sex. Defendant further shall not, in order to comply with this paragraph, reduce the wage rate of any employee. 2. Notwithstanding the non-admission of liability above, Defendant shall not discriminate or retaliate against any person because of opposition to any practice made unlawful under Title VII ofthe 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 Laurie Atkinson the sum of twelve thousand sixty nine dollars ($12,069.00) as backpay and interest in settlement of the claims raised in this action. 4. Defendant shall pay Laurie Atkinson the sum of thirty five hundred dollars ($3,500.00) as compensatory damages in settlement of the claims raised in this action. 5. Defendant shall make the payments described in paragraphs 3 and 4 above by issuing a check payable to Laurie Atkinson. Payment shall be made within fifteen (15) days after the Court approves this Consent Decree, and Defendant shall mail the check to Laurie Atkinson, 4018 Fairhaven Avenue, Baltimore, MD 21226. Within ten (10) days after the check
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Case 5:00-cv-00694-F Document 3 Filed 01/30/2001 Page 3 of 6
has been sent to Ms. Atkinson, 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. Atkinson.
6. Defendant agrees that it shall provide a training program to all of its management and supervisory employees who participate in hiring, salary, and personnel decision-making at its facility in Wilson, 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 the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 and their prohibition against sex discrimination in the workplace, including discrimination in pay. The training will also cover Defendant's anti-discrimination policy, and an explanation of the rights and responsibilities of employees and managers under the policy. This training shall be completed within one-hundred twenty (120) 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.
7. 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 its Wilson, North Carolina facility. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice.
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 employees in the position of Production Supervisor at Defendant's Wilson, North Carolina,
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Case 5:00-cv-00694-F Document 3 Filed 01/30/2001 Page 4 of 6
facility including by way of identification each person's name, address, telephone number, socill security number, sex and salary history. If Defendant believes it is appropriate to do so, Defendant shall include a brief explanation of any salary discrepancy that may appear to be based on sex. Defendant shall submit the first report to the Commission four months after the entry of this Decree. Subsequent reports shall be submitted to the Commission at six month intervals during the term of this Decree.
9. Defendant agrees that the Commission may review compliance with this Decree. If anytime during the term ofthis Decree, the Commission believes that Defendant is in violatioa 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. For the purpose of preparing for such negotiation and conciliation, the Commission may inspect Defendant's premises, interview employees, and examine and copy documents.
10. The term of this Decree shall be for three (3) years from its entry by the Court. This Court retains jurisdiction ofthis case during that three-year period for entry of such further orders as may become necessary or appropriate upon proper motion of a party.
11. By entering into this agreement, Defendant does not admit that it has engaged in any unlawful conduct. All parties agree that entry of this Consent Decree does not constitute any
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Case 5:00-cv-00694-F Document 3 Filed 01/30/2001 Page 5 of 6

finding as to or admission ofliability for any unlawful conduct. So Ordered:

rJ Date

e, U.S. Distr ct Court stem District of North Carolina

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

COTT BEVERAGE, USA, INC.

by:---;j:::.>.,,-'f.

I

I

'. -,toL_____

Burton ishman, Esquire Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 2400 N Street, N.W., Suite 500

Washington, DC 20037

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
GWENDOLYN YOUNG REAMS Associate General Counsel
By: Ift!t1Jf}N ~ A14~ 4<"--' Mindy E dinstein Regional Attorney 129 West Trade Street, Suite 400 Charlotte, NC 28202
~ By: 4 e~IlIt'.J&L~ K rith Cohen Trial Attorney 1309 Annapolis Drive Raleigh, NC 27608

5
_ .. - - - - - - - - -

Case 5:00-cv-00694-F Document 3 Filed 01/30/2001 Page 6 of 6

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
COTT BEVERAGE USA, INC.,
Defendant.

)

)

)

)

)

)

CIVIL ACTION NO.

)

5:00-CV-694-F(3)

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)

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NOTICE TO EMPLOYEES

1.

This Notice is posted pursuant to a settlement between Cott Beverage USA, Inc. and the U.S.

Equal Employment Opportunity Commission in a case alleging wage 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. Cot!

Beverage USA supports and will comply with such federal law in all respects. Specifically, Cott

Beverage USA agrees that it shaH not pay female employees lower wages than it pays to male

employees in the same establishment for equal work onjobs the performance of which requires

equal skill, effort, and responsibility and which are performed under similar working conditions.

3.

Cot! Beverage USA will not take any actions against employees because of the filing ofa 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

 
 CM/ECF - NCED - Docket Report

Page 1 of 2

CLOSED, Jury Trial, USMJ_Webb
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CIVIL DOCKET FOR CASE #: 5:00-cv-00694-F

Equal Employment v. Cott Beverage USA, I Assigned to: Judge James C. Fox Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/20/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by 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. Defendant Cott Beverage USA, Inc.

Date Filed 09/20/2000
09/20/2000 10/12/2000
10/25/2000 12/11/2000

#

Docket Text

1 Complaint filed under Equal Pay Act, Title VII; JURY TRIAL DEMANDED; requesting permanent injunctions from engaging in the payment of unequal wages on the basis of sex and from discriminating within any of its establishments between employees on the basis of sex. Notice of Lawsuit and Request for Waiver of Service of Summons attached (not scanned). (fdc) (Entered: 09/22/2000)

(fdc) (Entered: 09/22/2000)

2 Waiver of Service Returned Executed as to Cott Beverage USA, Inc. on 9/20/00 Answer due on 11/19/00 for Cott Beverage USA, Inc. Noted that waiver did not contain original signature, phoned counsel and inquired. Will try to obtain original sign. to be inserted. (fdc) Modified on 10/17/2000 (Entered: 10/17/2000)

Letter From: Kerith Cohen Re: Original Waiver of Service of Summons; inserted into document at docket entry #2. (fdc) (Entered: 10/25/2000)

Received Consent Decree signed by the parties. Will forward to Judge Fox for review and consideration. (fdc) (Entered: 12/12/2000)

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CM/ECF - NCED - Docket Report

Page 2 of 2

12/12/2000 01/25/2001 01/25/2001 01/30/2001 01/30/2001
01/30/2001 05/20/2003

Case submitted to: Judge James C. Fox for review and consideration of Consent Decree received by the parties on 12/11/00. (fdc) (Entered: 12/12/2000)
Received the parties proposed consent decree. Will forward to Judge Fox to review and consider. (se) (Entered: 01/25/2001)
Case submitted to: Judge James C. Fox for review and consideration of the parties consent decree. (se) (Entered: 01/25/2001)
CASE FILE RETURNED from: Judge James C. Fox (fdc) (Entered: 01/30/2001)
3 Consent judgment (Decree); 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. This Decree shall not constitute an adjudication on the merits of the Commission's case and shall not be construed as an admission by Defendant of any discriminatory practice. See Decree for remaining particulars at Items 1-9. 10. The term of this Decree shall be for three (3) years from its entry by the Court. This Court retains ijurisdiction of this case during that three-year period for entry of such further orders as may become necessary or appropriate upon proper motion of a party. 11. By entering into this agreement, Defendant does not admit that it has engaged in any unlawful conduct. All parties agree that entry of this Consent Decree does not constitute any finding as to or admission of liability for any unlawful conduct. Signed by Judge James C. Fox. OB Ref: FOXOB#22, P. 91. cc: counsel of record, Zoe Mahood; B. Fishman, M. Weinstein and Kerith Cohen. (fdc) (Entered: 01/31/2001)
Case closed NP (fdc) (Entered: 01/31/2001)
Case file sent to Raleigh Clerks office for storage (se) (Entered: 05/22/2003)

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