Case 5:00-cv-00700-BO Document 1 Filed 09/21/2000 Page 1 of 7

r.: I' 0·' IN THE UNITED STATES DISTRICT COURT

F

FOR THE EASTERN DISTRICT OF NORTH CAROLIN). ' - -

WESTERN DIVISION

;~i) 2 1 2000)

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

GEORGIA PACIFIC CORP.,

)

)

Defendant.

)

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

CIVIL ACTION No·5: O()--C J-1DO-i3fX3)
COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

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

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

national origin, to provide appropriate relief to a class of employees affected by those practices.

As set forth with more particularity below, the Commission contends that Georgia Pacific Corp.

discriminated against a class of African-American employees, including Gary Boone and Vince

Chambers, based on their race; discriminated against Benito Lopez, a Hispanic male, based on his

race, national origin and sex; and retaliated against employees who opposed unlawful

discrimination.

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(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

VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.

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Case 5:00-cv-00700-BO Document 1 Filed 09/21/2000 Page 2 of 7
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 (the "Commission"), is the agency ofthe 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(t)(1) and (3) of Title VII, 42 U .S.C. §§ 2000e-5(t)(1) and (3). 4. At all relevant times, Defendant, Georgia Pacific Corporation ("Defendant"), has continuously been a Georgia corporation doing business in the State of North Carolina and the City of Butner, and has continuously had at least fifteen 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, Gary Boone, Vince Chambers and Benito Lopez filed charges with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Beginning around April 1997 and continuing, Defendant has engaged in unlawful employment practices at its facility in Butner, N.C. in violation of Section 703 (a) (1) of Title VII, 42 U.S.C. § 2000e-2 (a) (1), as set forth below:
a. Defendant subjected a class of African-American employees, including but not limited to Gary Boone and Vince Chambers, to harassment based on their race by
2

Case 5:00-cv-00700-BO Document 1 Filed 09/21/2000 Page 3 of 7
maintaining a racially hostile work enviromnent. The racial harassment included racially derogatory comments, name-calling, jokes and graffiti by co-workers and at least one supervisor. Although Mr. Boone and Mr. Chambers complained about the racial harassment, and Defendant otherwise knew or reasonably should have known about the racial harassment, Defendant failed to take appropriate action to stop it.
b. Defendant discharged Gary Boone because of his race and in retaliation for his complaints of racial harassment.
c. Defendant subjected Benito Lopez, who is Hispanic, to harassment based upon his national origin by maintaining a hostile working enviromnent. The harassment included derogatory comments about Mr. Lopez's national origin which were made by Mr. Lopez's supervisor.
d. Defendant subjected Benito Lopez to harassment based upon his sex, male, by maintaining a sexually hostile working enviromnent. The sexual harassment included sexually explicit comments and gestures, as well as unwelcome touchings, by Mr. Lopez's supervisor.
e. Mr. Lopez complained about the sexual harassment referenced above. Subsequently, Defendant refused to promote Benito Lopez because of his national origin and in retaliation for his complaints of harassment.
f. Defendant constructively discharged Benito Lopez because of his national origin and in retaliation for his complaints of harassment. 8. The effect of the practices complained of in paragraph 7a through 7b above has been to deprive a class of African-American employees, including but not limited to Gary Boone
3

Case 5:00-cv-00700-BO Document 1 Filed 09/21/2000 Page 4 of 7
and Vince Chambers, of equal employment opportunities and otherwise adversely affect their status as employees because of their race, African-American.
9. The effect of the practices complained of in paragraph 7c through 7fabove has been to deprive Benito Lopez of equal employment opportunities and otherwise adversely affect his status as an employee because of his national origin, race and sex.
10. The unlawful employment practices complained of in paragraph 7 above were intentional.
11. The unlawful employment practices complained of in paragraphs 7 above were done with malice or with reckless indifference to the federally protected rights of a class of AfricanAmerican employees, including but not limited to Gary Boone and Vince Chambers, and the federally protected rights of Benito Lopez.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Georgia Pacific Corporation, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in harassment, discharging employees or failing to promote employees based on race, national origin or sex, or subjecting employees to any employment practice which discriminates on the basis of race, national origin or sex. B. Order Defendant Georgia Pacific to institute and carry out policies, practices, and programs that provide equal employment opportunities for African-American employees and Hispanic employees, and which eradicate the effects of its past and present unlawful employment practices.
4

Case 5:00-cv-00700-BO Document 1 Filed 09/21/2000 Page 5 of 7
C. Order Defendant Georgia Pacific to make whole Gary Boone and Vincent Chambers, by providing appropriate back pay with prejudgment interest, in amounts to be determinated at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement of Gary Boone,
D. Order Defendant Georgia Pacific to make whole a class of African-American employees, including but not limited to Gary Boone and Vince Chambers, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, in amounts to be determined at trial.
E. Order Defendant Georgia Pacific to make whole a class of African-American employees, including but not limited to Gary Boone and Vince Chambers, by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, loss of self-esteem, and loss of civil rights, in amounts to be determined at trial.
F. Order Defendant Georgia Pacific to pay a class of African-American employees, including but not limited to Gary Boone and Vince Chambers, punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Order Defendant Georgia Pacific to make whole Benito Lopez, by providing appropriate back pay with prejudgment interest, in amounts to be determinated at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
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Case 5:00-cv-00700-BO Document 1 Filed 09/21/2000 Page 6 of 7
H. Order Defendant Georgia Pacific to make whole Benito Lopez, 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.
I. Order Defendant Georgia Pacific to make whole Benito Lopez by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, in amounts to be determined at trial.
J. Order Defendant Georgia Pacific to pay Benito Lopez punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
K. Grant such further relief as the Court deems necessary and proper in the public interest.
L. 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.
DATEDthis2\-:K' dayof~t. ,2000.
Respectfully submitted, C. GREGORY STEWART General Counsel GWENDOLYN Y. REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
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Case 5:00-cv-00700-BO Document 1 Filed 09/21/2000 Page 7 of 7
~,.~
MiNDY: WINSTEIN Regional Attorney LYNETTE BARNES Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202
a~~c0 Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608 Attorneys for Plaintiff
7

 
 Case 5:00-cv-00700-BO Document 15 Filed 12/20/2000 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION No. 5:00-CV-700-BO(3)

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

GARY BOONE,

)

VINCENT CHAMBERS,

)

BENITO LOPEZ, and

)

WAYNE MARROW,

)

)

Plaintiffs,

)

v.

)

)

GEORGIA PACIFIC CORPORATION, )

)

Defendant.

)

)

)

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

COMPLAINT IN INTERVENTION OF INTERVENORS GARY BOONE, VINCENT CHAMBERS, BENITO LOPEZ
AND WAYNE MARROW

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. The Complaint in Intervention adds claims for race
discrimination pursuant to 42 U.S.C. § 1981 on behalf of all four intervenors, and a
state law claim for wrongful discharge in violation of public policy on behalf of Gary Boone.
JURISDICTION AND VENUE 1. Pursuant to Rule 10 of the Federal Rules of Civil Procedure, Intervenors

1
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Case 5:00-cv-00700-BO Document 15 Filed 12/20/2000 Page 2 of 11
hereby adopt by reference all statements, allegations and pleadings included in the EEOC's Complaint which was filed in this action.
2. The court has supplemental jurisdiction over Plaintiff Intervenors' non-Title
VII claims pursuant to 28 U.S.C. § 1367.
PLAINTIFF INTERVENORS 3. Plaintiff Intervenor Gary Boone ("Boone") is a citizen and resident of Greenville, Pitt County, North Carolina. 4. Plaintiff Intervenor Vincent Chambers ("Chambers") is a citizen and resident of Durham, Durham County, North Carolina. 5. Plaintiff Intervenor Benito Lopez ("Lopez") is a citizen and resident of San Antonio, Texas. 6. Plaintiff Intervenor Wayne Marrow ("Marrow") is a citizen and resident of Henderson, Vance County, North Carolina.
ADMINISTRATIVE PREREQUISITES 7. More than thirty (30) days prior to the institution of this action, Boone, Chambers and Lopez filed timely charges with the Equal Employment Opportunity Commission on behalf of themselves and all others similarly situated. 8. Marrow's claims are substantially similar to those of Boone and Chambers and he is entitled to proceed under Title VII pursuant to the single filing rule.
2

Case 5:00-cv-00700-BO Document 15 Filed 12/20/2000 Page 3 of 11
FACTS 9. Boone, Chambers and Marrow are African-American, and Lopez is Hispanic. 10. Boone began working for Georgia Pacific on March 24, 1997 in the Fabrication Shop located at the Greensboro facility. 11. Marrow began working for Georgia Pacific on March 31, 1997 in the Fabrication Shop located at the Greensboro facility. 12. In April, 1997, the Fabrication Shop was moved to the Butner facility. 13. Chambers began working for Georgia Pacific on May 20,1997 as a Fork Lift Operator in the Fabrication Shop. 14. At all times relevant to this complaint, the lead man in the Fabrication Shop was Ricky Hollingsworth (white male) and the supervisor was Donnie Young (white male). 15. During the course of their employment with Georgia Pacific, Boone, Chambers and Marrow were subjected to the following:
a. Racist graffiti was written on the wooden guides attached to two saws, on the stacking table and on rollers, including "KKK," "kill them all," swastikas, rebel flags, and "niggers go back to Africa,' all in plain view of supervisors;
b. Hollingsworth invited one or more white co-workers to attend a meeting of the Ku Klux Klan;
c. Hollingsworth routinely made racist comments in the work place, 3

Case 5:00-cv-00700-BO Document 15 Filed 12/20/2000 Page 4 of 11
such as "there are too many blacks in the shop," and stated that his father used to say that he "hated blacks and wished he could send them all back to Africa"
d. White employees received more favorable terms and conditions of employment, for example, overtime and bathroom breaks without being harassed for using the restroom;
e. Marrow was not allowed to use the rest room as needed, a privilege granted to white employees, and as a result he contracted a urinary tract infection and other physical symptoms;
16. In September, 1997, Marrow went to the Human Resources Director, Willie Mciver, and complained about race discrimination in the work place as set forth above, including specifically the disparate treatment he received, the racist graffiti and Hollingsworth's racist statements.
17. Hollingsworth and Young believed that Boone was the employee responsible for reporting race discrimination to Human Resources, and implemented a plan to retaliate against him and force him to quit by moving Boone to a more difficult saw and putting "pressure" on him to force Boone to quit.
18. On October 28, 1997, Boone and Chambers also went to the Human Resources Director, Willie Mciver, and complained about race discrimination in the work place as set forth above.
19. On or about November 12,1997, Hollingsworth initiated an altercation with Boone and Chambers in which Hollingsworth attempted to goad Boone and
4

Case 5:00-cv-00700-BO Document 15 Filed 12/20/2000 Page 5 of 11
Chambers into hitting him, and when that failed, physically pushed Boone and Chambers, resulting in Boone falling to the ground.
20. On November 19,1997, Boone was terminated because of his race and in retaliation for complaining about race discrimination and racial harassment.
21. Chambers was subsequently required to work outside in the rain during cold weather in retaliation for complaining about race discrimination and racial harassment.
22. On December 2, 1997, Marrow could no longer tolerate the racial harassment and discriminatory treatment at work which was making him physically sick, he felt compelled to quit, and he did quit.
23. Benito lopez began working for Georgia Pacific in March, 1997 as a Material Handler in the Front line at the Butner facility.
24. lopez's direct supervisor was Bobby Edwards (white male). 25. Bobby Edwards stated to a white co-worker his belief that "you are either white or other and to me if you are other, you're a nigger.· 26. Edwards subjected lopez and other non-white employees to different terms and conditions of employment because of their race. 27. Edwards also subjected lopez to unwanted, lewd touchings. Edwards would grab the upper part of lopez's thigh and rub his hand across his mid-section and ribs. Edwards would also tell vulgar jokes, while grabbing his private parts, then he would take the same hand with which he had just fondled himself and touch lopez with
5

Case 5:00-cv-00700-BO Document 15 Filed 12/20/2000 Page 6 of 11
it. 28. In August, 1997, Lopez complained to Don Covert, a manager, of
Edwards' conduct which he perceived as sexual harassment, and of Edwards' discriminatory treatment of non-white employees. Covert's response was that he "wasn't going to get involved in it."
29. Edwards' conduct continued, so in October, 1997, Lopez filed an anonymous complaint with the Atlanta Corporate office of Georgia Pacific, and described his supervisor's conduct.
30. On or about November 12,1997, Lopez applied for a promotion. However, he was not interviewed. Only white males were interviewed.
31. On or about November 18, 1997, after Georgia Pacific "investigated" Lopez's complaints, he was told to take a week off from work and then come back on third shift. Lopez worked on second shift.
32. Lopez was retaliated against for complaining about his supervisor's sexually harassing conduct and racially discriminatory treatment, in that he was denied an interview, a promotion, and had his shift changed to a less desirable shift.
33. Lopez could no longer tolerate these working conditions and he felt compelled to quit. He did quit on November 18, 2000.
34. Boone, Chambers, Lopez and Marrow suffered mental and emotional distress, embarrassment and humiliation as a result of Georgia Pacific's unlawful conduct. Boone, Lopez and Marrow also suffered economic losses as a result of
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Case 5:00-cv-00700-BO Document 15 Filed 12/20/2000 Page 7 of 11
Georgia Pacific's unlawful conduct. FIRST CLAIM FOR RELIEF
Violation of Title VII of the Civil Rights Act of 1964
42 U.S.C. § 2000e
35. Plaintiff Intervenors incorporate by reference paragraphs 1-34 above. 36. Georgia Pacific discriminated against Plaintiff Intervenors in the terms and conditions of their employment as set forth above. including discharging Boone and constructively discharging Marrow and Lopez. all because of their race in violation of 42 U.S.C. §2000e-2. 37. Furthermore. Georgia Pacific engaged in unlawful intentional discrimination within the meaning of the Civil Rights Act of 1991. 42 U.S.C. § 1981a. Georgia Pacific engaged in discriminatory practices against Boone. Chambers. Lopez and Marrow with either malice or with reckless indifference to their federally protected rights to be free from race discrimination in the workplace. as set forth in 42 U.S.C. § 1981a. 38. Boone. Chambers. Lopez and Marrow are entitled to recover compensatory damages as provided by 42 U.S.C. § 2000e in an amount exceeding $10.000 as a proximate result of Georgia Pacific's conduct alleged herein. 39. Boone. Chambers. Lopez and Marrow are entitled to punitive damages as provided by the Civil Rights Act of 1991. 42 U.S.C. § 1981a in an amount
7

Case 5:00-cv-00700-BO Document 15 Filed 12/20/2000 Page 8 of 11
exceeding $10,000 as a proximate result of Georgia Pacific's conduct as alleged herein.
40. Boone, Chambers, Lopez and Marrow are further entitled to recover reasonable attorneys' fees, costs and expenses of this action and such interest as may be allowed by law.
SECOND CLAIM FOR RELIEF Violation of the Civil Rights Act of 1866
42 U.S.C. § 1981 41. Plaintiff Intervenors incorporate by reference paragraphs 1-40 above. 42. The actions of Georgia Pacific as set forth herein constitute intentional discrimination on the basis of Plaintiff Intervenors' race, thereby depriving them of their civil rights in violation of 42 U.S.C. § 1981. 43. Boone, Chambers, Lopez and Marrow are entitled to compensatory damages as provided by 42 U.S.C. § 1981, in an amount exceeding $10,000 as a proximate result of Defendant's conduct alleged herein. 44. Boone, Chambers, Lopez and Marrow are entitled to punitive damages as provided by the Civil Rights Act of 1991, 42 U.S.C. § 1981a, in an amount exceeding $10,000 as a proximate result of Georgia Pacific's conduct as alleged herein. 45. Boone, Chambers, Lopez and Marrow are further entitled to recover reasonable attorneys' fees, costs and expenses of this action and such interest as
8

Case 5:00-cv-00700-BO Document 15 Filed 12/20/2000 Page 9 of 11
may be allowed by law. THIRD CLAIM FOR RELIEF
(Wrongful Discharge in Violation of Public Policy) (Boone v. Georgia Pacific)
46. Plaintiff Intervenor Boone incorporates by reference Paragraphs 1-45 above.
47. Pursuant to N.C. Gen. Stat. §143-422.2, it is the policy of the State of North Carolina to protect and safeguard the right and opportunity of all persons to seek, obtain and hold employment without discrimination or abridgement on account of race.
48. It is against the public policy of the State of North Carolina to discharge an employee because of that employee's race or in retaliation for that employee complaining about race discrimination in employment.
49. Boone was discharged because of his race and in retaliation for complaining about race discrimination in employment in violation of the public policy of the State of North Carolina, as well as in violation of the public policies set forth in 42 U.S.C. §§ 1981 and 2000e.
50. Boone suffered mental and emotional distress as a result of his discharge, as well as lost wages, benefits and other compensatory damages.
51. Georgia Pacific's conduct was accompanied by the aggravating factors of malice and/or willful or wanton conduct, therefore Boone is entitled to
9

Case 5:00-cv-00700-BO Document 15 Filed 12/20/2000 Page 10 of 11
punitive damages. PRAYER FOR RELIEF
WHEREFORE, Plaintiff Intervenors pray the Court: 1. For judgment against Georgia Pacific for compensatory damages in a sum sufficient to compensate each of them for losses as alleged herein, as determined by the trier of fact; 2. For judgment against Georgia Pacific for compensatory and punitive damages under 42 U.S.C. §2000e for violations of their rights under Title VII, as alleged in the First Claim for Relief; 3. For judgment against Georgia Pacific for compensatory and punitive damages under 42 U.S.C. §1981 for violations of their rights under the Civil Rights Act of 1866, as alleged in the Second Claim for Relief; 4. For judgment in excess of $10,000 against Georgia Pacific for compensatory and punitive damages for Boone's claim for wrongful discharge in violation of public policy, as alleged in the Third Claim for Relief, in such sums as may be determined by the trier of fact; 5. For recovery of Plaintiff Intervenors' costs herein, including a reasonable attorneys' fee, pursuant to 42 U.S.C. § 1988; 6. To grant a trial by jury as to all issues so triable; and 7. For such other relief to which Plaintiff Intervenors may be entitled in law or
10

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Case 5:00-cv-00700-BO Document 15 Filed 12/20/2000 Page 11 of 11

in equity. Respectfully submitted, this is the 22nd day of September, 2000.
FONTANA & LANIER, P.A.
LynnF tana: NCSB 14459
Attorneys for Plaintiff Intervenors 1121 W. Main St., Suite 200 Durham, North Carolina 27701 Telephone: (919)682-2111
CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that a copy of the foregoing Complaint
in Intervention was served on all parties to this action by depositing a copy of the same in the U. S. Mail, postage prepaid and addressed to:
Zoe G. Mahood, Esq. Equal Employment Opportunity Commission 1309 Annapolis Drive Raleigh, North Carolina 27608-2129 Georgia Pacific Corporation c/o CT Corporation System 225 Hillsborough St. Raleigh, NC 27603
This the 22nd day of September, 2000.
11

 
 Case 5:00-cv-00700-BO Document 20 Filed 02/01/2001 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT
LED FOR THE EASTERN DISTRICT OF NORTH CARO~t
r- WESTERN DIVISION

CIVIL ACTION NO. 5:00 CV 700-BO (3)

IFEB ··.1 2001

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

DAVID W. DANIEL, CLERK
~COURT, EDNC u~ DEP. CLERI(

)

SETTLEMENT

v.

)

AGREEMENT

)

GEORGIA PACIFIC CORP.,

)

)

Defendant.

)

)

lbis Settlement Agreement (hereafter "Agreement''), made and entered into by and

between the EQUAL EMPLOYMENT OPPORTIJNITY COMMISSION (hereafter

"Commission") and GEORGIA PACIFIC CORPORATION, on behalf of itself, its subsidiaries,

divisions, affiliates, successors, assigns, shareholders, directors, officers, agents, and

representatives (hereafter "Defendant") is intended to and does resolve all claims made on behalf

of Benito Lopez by the Commission against Defendant in the above-captioned civil action. In

consideration of the mutual covenants and undertakings set forth herein, IT IS HEREBY

AGREED AS FOLLOWS:

1. Plaintiff-Intervenor Benito Lopez, who is represented by private counsel, has

received a monetary settlement that is embodied in a separate agreement.

2. Defendant agrees to eliminate from the personnel records of Benito Lopez all

references to the facts and circumstances surrounding the filing of the subject charge and the

filing ofthis lawsuit.

3. The parties agree to file a joint motion requesting that the Court dismiss with

Case 5:00-cv-00700-BO Document 20 Filed 02/01/2001 Page 2 of 8
prejudice the Commission's Third, Fourth, Fifth and Six Claims of Relief related to Benito Lopez, and retain jurisdiction over the enforcement of this Settlement Agreement.
4. If the remaining claims in the above-captioned action are resolved by Consent Decree, or settled in some other manner, or if the Commission prevails at trial, Defendant agrees to the inclusion of the following provisions in any such Decree, settlement, or Judgment:
A. Defendant's harassment policy shall be posted conspicuously at Defendant's Butner, North Carolina facility in a place where it is visible to the employees, and shall be distributed to each employee on an annual basis during the term of the Decree.
B. During the term of the Decree, Defendant shall provide an annual training program to all of its management and supervisory employees at its facility in Butner, North Carolina. At least fifteen (15) days prior to each program, Defendant shall provide the Commission with an agenda for the training program. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964 and its prohibition against national origin and sex discrimination in the workplace, including harassment based on national origin, sexual harassment and retaliation. Each training program shall also cover Defendant's anti-discrimination policy and an explanation of the rights and responsibilities of employees and managers under the policy. The first training program shall be completed within ninety (90) days after the entry ofthe Decree by the Court. Each subsequent training session shall be
2

Case 5:00-cv-00700-BO Document 20 Filed 02/01/2001 Page 3 of 8
conducted at approximately one-year intervals. Within ten (10) days after completion ofeach training program, 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. C. During the term of the Decree, Defendant shall provide an annual training program to all of its non-management and non-supervisory employees at its facility in Butner, North Carolina. At least fifteen (15) days prior to each program, Defendant shall provide the Commission with an agenda for the training program. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964 and its prohibition against national origin and sex discrimination in the workplace, including harassment based on national origin, sexual harassment and retaliation. Each training program shall also cover Defendant's anti-discrimination policy and the proper way for employees to raise complaints under the policy. The first training program shall be completed within ninety (90) days after the entry of the Decree by the Court. Each subsequent training session shall be conducted at approximately one-year intervals. Within ten (10) days after completion of each training program, 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.
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Case 5:00-cv-00700-BO Document 20 Filed 02/01/2001 Page 4 of 8
D. During the tenn of the Decree, Defendant shall conspicuously post the attached Employee Notice, marked Attachment A, hereby made a part of the Decree, in a place where it is visible to all employees at its facility in Butner, North Carolina. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice.
E. Defendant agrees to provide the Commission with semi-annual reports during the tenn of the Decree. The reports shall include the fol1owing information: the identities of all individuals who have reported allegations of sexual harassment or harassment based on national origin at Defendant's facility in Butner, North Carolina including by way of identification each person's name, sex or national origin (as appropriate), and a statement ofthe individual's complaint and what action was taken in response to the individual's complaint. Defendant shall submit the reports to the Commission four months after the entry of this Consent Decree and every six months thereafter during the tenn of the Decree.
F. Defendant agrees that the Commission may review compliance with the Decree. If anytime during the term ofthe Decree, the Commission believes that Defendant is in violation of the Decree, the Commission sba11 give notice of the alleged violation to Defendant. Defendant shall have twenty (20) days in which to investigate and respond to the allegations. Thereafter, the parties shall then have a period often (10) days or such additional period as may be agreed upon by them, in which to engage in
4

Case 5:00-cv-00700-BO Document 20 Filed 02/01/2001 Page 5 of 8
negotiation and conciliation regarding such allegations before the Commission exercises any remedy provided by law. Prior to such negotiation and conciliation and upon reasonable notice, the Commission may inspect the premises, interview employees and examine and copy documents. 5. It is expressly understood and agreed that this Settlement Agreement expresses the intention of the parties to resolve all disputes between them related to the charge of discrimination filed by Benito Lopez without the expenditure of further time and expense which would be involved with additional contested litigation. Defendant expressly denies that it violated any laws or statutes with respect to Benito Lopez. In addition, other than as expressly stated in paragraph 4 above, this settlement will not be entered into evidence in any proceeding except to enforce this settlement. 6. 1bis Agreement constitutes the entire agreement between the parties and it is expressly understood that no amendment, deletion, addition, modification, or waiver of any provision of this Agreement shall be binding or enforceable unless in writing and signed by all parties. 7. 1bis Agreement resolves any and all the claims brought on behalf of Benito Lopez in the above-captioned action but does not affect the remainder of the claims alleged in the above-captioned action. 8. 1bis Agreement will be governed by the laws of the state ofNorth Carolina. 9. Each provision of this Agreement is intended to be severable. If any term or provision is held to be invalid, void, or unenforceable by a court of competent jurisdiction for any
5

Case 5:00-cv-00700-BO Document 20 Filed 02/01/2001 Page 6 of 8
reason whatsoever, such ruling shall not affect the validity ofthe remainder ofthis Agreement. IN WIlNESS THEREOF, the parties have hereunto set their hands and seals, this the
. £day ofJanuary, 2001.
GEORGIA PACIFIC CORPORATION
~~F""'-"-~77.L-..--(SEAL)

Attorneys for PlaintiffEEOC:
Gwendolyn Young Reams Associate General Counsel
Equal Employment Opportunity Commission
1801 L Street, NW Washington, D.C. 20507
~~1 Y. INSTEIN Regional Attorney
Equal Employment Opportunity Commission
129 West Trade Street, Suite 400 Charlotte, North Carolina 28202

Attorney for Defendant Georgia Pacific:
ALLAVRAM Hunton & Williams One Hannover Square, Suite 1400 421 Fayetteville Street Mall Raleigh, N.C. 27602
6

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Case 5:00-cv-00700-BO Document 20 Filed 02/01/2001 Page 7 of 8

-aG~OO?-cV Trial Attorney
Equal Employment Opportunity Commission
1309 Annapolis Drive Raleigh, N.C. 27608

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Case 5:00-cv-00700-BO Document 20 Filed 02/01/2001 Page 8 of 8

NOTICE TO EMPLOYEES

I.

This Notice is posted pursuant to a settlement between Georgia Pacific Corporation and the U.S.

Equal Employment Opportunity Commission in a case captioned Equal Employment Opportunity

Commission, Civil Action No. 5:00 CV 700-80 (3), alleging discrimination based on sex, race,

national origin and retaliation.

2.

Federal law requires that employers may no1discriminate against any employee because of the

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

Pacific Corporation supports and will comply with such federal law in all respects. Specifically,

Georgia Pacific Corporation agrees that it will not discriminate against any applicants or

employees based on race.

3.

Georgia Pacific Corporation will not take any actions against employees because of the filing of a

charge, the giving oftestimony 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. Complaints may be raised to Georgia Pacific corporate EEO or human resources. In addition, 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

Attachment A

 
 . ,

Case 5:00-cv-00700-BO Document 24 Filed 03/30/2001 Page 1 of 11

f:ll~D

IN THE UNITED STATES DISTRICT COURT 9.4 Al4N. ' ,..

FOR THE EASTERN DISTRICT OF NORTH CAROLIN~l1gW.~4M ~!

WESTERN DIVISION

f. DI;frl?lc!~l, Q

CIVIL ACTION NO. 5:00 CV 700-BO (3)

. At c4fgUl?fl?I(

. I~/"

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

and

)

)

GARY BOONE, VINCENT CHAMBERS,

)

and WAYNE MARROW,

)

)

Intervenor-Plaintiffs

)

)

v.

)

)

GEORGIA-PACIFIC CORP.,

)

)

Defendant.

)

)

The Equal Employment Opportunity Commission (the "Commission") instituted this action pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(l) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.
The Commission, the Plaintiff-Intervenors, and the Defendant, Georgia-Pacific Corporation (the "Defendant"), hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter ofthis 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.

Case 5:00-cv-00700-BO Document 24 Filed 03/30/2001 Page 2 of 11
It is therefore the finding of this Court, made on the pleadings and the record as a whole, that: (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions ofTitle VII will be promoted and effectuated by the entry of the Consent Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 19 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant agrees to abide by existing law as follows:
a) Defendant shall not discriminate against or harass individuals on the basis of race, sex or national origin within the meaning of Title VII.
b) 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 of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing related to this case.
c) Paragraphs (a) and (b) above are not intended to create a separate contract right or cause of action as to any employee or former employee of Defendant except to the extent that a class member seeks to enforce the Decree.
2. Defendant shall pay a class of African American employees who in any capacity worked or are working in the Fabrication Shop at Defendant's Butner, N.C. facility the sum of One Hundred Ninety-Eight Thousand Four Hundred Seventeen Dollars and Five Cents ($198,417.05) in settlement ofthe claims raised in this 2

Case 5:00-cv-00700-BO Document 24 Filed 03/30/2001 Page 3 of 11
action. The parties intend that payments made under this paragraph are to settle non-wage related claims. Except for Gary Boone, all claims for wages or wage equivalents of any sort in this action which were or could have been made are expressly waived. Defendant will deposit this amount in an interest-bearing escrow account for the benefit of the class within fifteen days after the Court approves this Consent Decree. Thereafter, Defendant shall promptly distribute the account in such manner as the Commission shall direct in writing. With ten days after such distribution, Defendant shall mail to Mindy E. Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of such distribution and proof of its delivery. 3. Class members eligible to receive funds, who are either represented by counselor had the opportunity to obtain counsel, will execute separate general release agreements. The parties agree that the Commission has not advised any class member with respect to such releases, except to advise unrepresented class members to obtain counsel. 4. Defendant shall pay Gary Boone One Thousand Five Hundred Eighty-Two Dollars and Ninety-Five Cents ($1,582.95), less applicable withholdings, representing lost wages. 5. Defendant agrees to eliminate from the employment records of Gary Boone and Vincent Chambers any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge
3

Case 5:00-cv-00700-BO Document 24 Filed 03/30/2001 Page 4 of 11
Numbers 141980590 and 141980591 and the related events that occurred thereafter. 6. Defendant also agrees to eliminate from the employment records of all other class members identified in the Commission's written distribution directive, including but not limited to Wayne Marrow, any and all documents, entries, or references of any kind relating to the filing of this lawsuit. 7. Defendant agrees to provide, upon request from prospective employers, neutral references for Gary Boone, Vincent Chambers, Wayne Marrow and all other class members who separated from employment with Defendant prior to the date of this Decree. Any and all requests for references under this paragraph shall be directed to Sophia Dobransky, Regional Human Resources Manager, Georgia-Pacific Corporation, 4300 Georgia-Pacific Boulevard, Frederick, Maryland 21704. 8. Defendant's harassment policy shall continue to be posted conspicuously at Defendant's Butner, North Carolina facility in places where it is visible to the employees, and shall be distributed to each facility employee on an annual basis during the term of this Consent Decree. 9. During the term of this Decree, Defendant shall provide an annual training program to all of its management and supervisory employees at its facility in Butner, North Carolina. At least fifteen (15) days prior to each program, Defendant shall provide the Commission with an agenda for the training program. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964 and its prohibition against race, national
4

Case 5:00-cv-00700-BO Document 24 Filed 03/30/2001 Page 5 of 11
origin and sex discrimination in the workplace, including harassment based on race, national origin, and sex, and retaliation. Each training program shall also cover Defendant's anti-discrimination policy and an explanation ofthe rights and responsibilities of employees and managers under the policy. The first training program shall be completed within ninety (90) days after entry of the Decree by the Court. Each subsequent training program shall be conducted at approximately one-year intervals. Within ten (10) days after completion of each training program, 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. 10. During the term ofthis Decree, Defendant agrees that it shall provide an annual training program to all of its non-management and non-supervisory employees at its facility in Butner, North Carolina. At least fifteen (15) days prior to each program, Defendant shall provide the Commission with an agenda for the training program. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964 and its prohibition against race, national origin, and sex discrimination in the workplace, including harassment based on race, national origin, and sex, and retaliation. Each training program shall also cover Defendant's anti-discrimination policy and the proper way for employees to raise complaints under the policy. The first training program shall be completed within ninety (90) days after entry of the Decree by the Court. Each subsequent training program shall be conducted at approximately one-year
5

Case 5:00-cv-00700-BO Document 24 Filed 03/30/2001 Page 6 of 11
intervals. Within ten (10) days after completion of each training program, 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. 11. During the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Attachment A, hereby made a part of this Decree, in a place where it is visible to all employees at its Butner, North Carolina facility. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice. 12. 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 individuals who have reported allegations of harassment based on race, national origin or sex at Defendant's facility in Butner, North Carolina, including by way of identification each person's name, race, sex and national origin, and a statement of the individual's complaint and what action was taken in response to the individual's complaint. Defendant shall submit the reports to the Commission four months after the date of entry of this Consent Decree and every six months thereafter during the term of this Decree. 13. Defendant agrees that the Commission may reasonably review compliance with this Decree. As part of such review, the Commission may inspect the premises, interview employees and examine and copy documents relevant to compliance with this decree.
6

Case 5:00-cv-00700-BO Document 24 Filed 03/30/2001 Page 7 of 11
14. Defendant has entered into this Decree in order to forego the burden, expense and delay of further litigation and to secure its peace, and expressly denies that it has violated Title VII or any other law or violated the rights of any person in any way. Neither this Decree nor any provision hereof shall constitute evidence of unlawful discrimination or other violation of the law or individual rights by Defendant.
15. If at anytime during the term of this Decree, the Commission believes that Defendant is in violation of the Decree, the Commission shall give notice of the alleged violation to Defendant. Defendant shall have twenty (20) days in which to investigate and respond to the allegations. Thereafter, the parties shall have a period often (10) 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.
16. The parties intend that this Decree shall fully, finally and forever resolve all matters which were or could have been resolved in this action.
17. Each party, including Plaintiff-Intervenors, shall bear its own costs and expenses, including but not limited to mediation charges and attorneys' fees.
18. The term of this Decree shall be for two (2) years from its entry by the Court. 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.
7

Case 5:00-cv-00700-BO Document 24 Filed 03/30/2001 Page 8 of 11

3")0" 0/
Date

J dge, u.s. District Court
Eastern District ofNorth Carolina

The parties jointly request that the Court approve and enter the Consent Decree:
GEORGIA-PACIFIC CORPORATION
~- By: Randall D. Avram, Esq. One Hannover Square, Suite 1400 421 Fayetteville Street Mall Raleigh, N.C. 27601

8

Case 5:00-cv-00700-BO Document 24 Filed 03/30/2001 Page 9 of 11
, "
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
BY:~~ Mmdy E. el stem Regional Attorney 129 West Trade Street, Suite 400 Charlotte, N.C. 28202
BY:~'MMC£ Ut= cS( Trial Attorney 1309 Annapolis Drive Raleigh, N.C. 27608
9

Case 5:00-cv-00700-BO Document 24 Filed 03/30/2001 Page 10 of 11
GARY BOONE
By: Lk,t~
1316 Broad Street Durham, NC 27705 VINCENT CHAMBERS
By: Lynn~E:~
1316 Broad Street Durham, NC 27705 WAYNE MARROW
d By: Ly~In. ta~na, Esq. ~.J--- ' - -
1316 Broad Street Durham, NC 27705
10

Case 5:00-cv-00700-BO Document 24 Filed 03/30/2001 Page 11 of 11

NOTICE TO EMPLOYEES

1.

This Notice is posted pursuant to a settlement between Georgia Pacific Corporation and the U.S.

Equal Employment Opportunity Commission in a case captioned Equal Employment

Opportunity Commission, Civil Action No. 5:00 CV 700-BO (3), alleging discrimination based

on sex, race, national origin and retaliation.

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. Georgia

Pacific Corporation supports and will comply with such federal law in all respects. Specifically,

Georgia Pacific Corporation agrees that it will not discriminate against any applicants or

employees based on race.

3.

Georgia Pacific Corporation will not take any actions against employees because of the filing of

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

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

An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace. Complaints may be raised to Georgia Pacific corporate EEO or human resources. In addition, 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

Attachment A

 
 CM/ECF - NCED - Docket Report

Page 1 of 5

CLOSED
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CIVIL DOCKET FOR CASE #: 5:00-cv-00700-BO

EEOC v. Georgia Pacific Assigned to: Judge Terrence W. Boyle Demand: $0 Cause: 42:2000 Job Discrimination (Race)
Plaintiff
EEOC Equal Employment Opportunity Commission

Date Filed: 09/21/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Mindy E. Weinstein E. E. O. C. Charlotte District Office 129 W. Trade Street, Suite 400 Charlotte, NC 28202-2799 704-344-6886 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Zoe G. Mahood E.E.O.C. 1309 Annapolis Dr. Raleigh, NC 27608 919-856-4080 Fax: 919-856-4156 Email: zoe.mahood@EEOC.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Gary Boone
Intervenor Plaintiff Vincent Chambers

represented by Lynn Fontana Lynn Fontana, Esq. 1316 Broad St. Durham, NC 27705 919-286-2500 Fax: 286-2544 Email: lyfontana@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Lynn Fontana (See above for address) LEAD ATTORNEY

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Intervenor Plaintiff Benito Lopez TERMINATED: 03/12/2001
Intervenor Plaintiff Wayne Marrow
V. Defendant Georgia Pacific Corporation
V. Intervenor Defendant Georgia Pacific Corporation

ATTORNEY TO BE NOTICED
represented by Lynn Fontana (See above for address) TERMINATED: 03/12/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Lynn Fontana (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Randall D. Avram Kilpatrick Stockton, LLP 3737 Glenwood Avenue Suite 400 Raleigh, NC 27612 919-788-1667 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Randall D. Avram (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/21/2000 09/21/2000 09/22/2000 09/22/2000

#

Docket Text

1 Complaint filed; action brought pursuant to Title VII of the Civil Rights Act; racial discrimination; JURY DEMAND. (fdc) (Entered: 09/22/2000)

Received a copy of waiver of service of summons and Notice of Lawsuit and request for waiver of summons. (fdc) (Entered: 09/22/2000)

2 Motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow (fdc) (Entered: 09/25/2000)

3 Memorandum by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow in support of [2-1] motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow w/ attached proposed

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10/16/2000 10/26/2000 10/26/2000
11/01/2000 11/08/2000 11/13/2000
11/20/2000 11/20/2000 11/20/2000 11/27/2000 12/01/2000 12/20/2000
12/20/2000 01/08/2001

complaint in intervention. (fdc) (Entered: 09/25/2000)
4 Response by Georgia Pacific to [2-1] motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow w/ attached exhibits A & B. (fdc) (Entered: 10/18/2000)
5 Motion by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow to extend time (fdc) (Entered: 10/26/2000)
6 Order granting [5-1] motion to extend time, Reply to Response to Motion reset to 11/9/00 for [2-1] motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow signed by Sue A. Towe, Deputy Clerk. Served. (fdc) (Entered: 10/26/2000)
7 Waiver of Service Returned Executed as to Georgia Pacific 9/21/00 Answer due on 11/20/00 for Georgia Pacific (fdc) (Entered: 11/03/2000)
8 Motion by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow to extend time to file reply ; cy of motion w/ proposed order to C. Morgan, w/ proposed order. (fdc) (Entered: 11/09/2000)
9 Order granting [8-1] motion to extend time to file reply, Response to motion reset to 11/20/00 for [2-1] motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow signed by Carol M. Morgan, Deputy Clerk. Served. (fdc) (Entered: 11/13/2000)
10 Motion by Georgia Pacific to extend time (fdc) (Entered: 11/21/2000)
11 Order granting [10-1] motion to extend time, reset answer due for 12/1/00 for Georgia Pacific signed by Teri Carpenter, Deputy Clerk. Counsel to serve. (fdc) (Entered: 11/21/2000)
12 Reply by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow to response to [2-1] motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow (fdc) (Entered: 11/21/2000)
Motion submitted to Chief Judge Boyle: [2-1] motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow submitted (fdc) (Entered: 11/27/2000)
13 Answer to Complaint by Georgia Pacific (fdc) (Entered: 12/04/2000)
14 Order granting [2-1] motion to intervene by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow signed by Terrence W. Boyle, USDJ. Hereafter, the caption of this action shall be as above. The proposed Complaint in Intervention attached to the Motion to Intervene shall constitute the initial pleading of the Plaintiff-Intervenors, and shall be deemed to have been filed as of the date of this Order. OB Ref: BO # 16, p. 191; Served. (fdc) (Entered: 12/20/2000)
15 Intervenor's complaint by Gary Boone, Vincent Chambers, Benito Lopez, Wayne Marrow against Georgia Pacific (fdc) (Entered: 12/20/2000)
16 Motion by Georgia Pacific to extend time to answer, move, plead or otherwise resond to the complaint in intervention ; cy of motion w/

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01/09/2001
01/12/2001 02/01/2001 02/01/2001 02/07/2001 02/14/2001 02/16/2001 02/16/2001 02/22/2001
03/12/2001
03/30/2001 03/30/2001 11/05/2001

proposed order to David W. Daniel, Clerk. (fdc) (Entered: 01/09/2001)
17 Order granting [16-1] motion to extend time to answer, move, plead or otherwise resond to the complaint in intervention, reset answer due for 2/14/01 for Georgia Pacific signed by David W. Daniel, Clerk. Served, (fdc) (Entered: 01/09/2001)
18 Request for Discovery Plan: Discovery Plan due by 2/26/01 (fdc) (Entered: 01/12/2001)
19 Joint motion by Georgia Pacific, EEOC to dismiss Plaintiff's Third, Fourth, Fifth and Sixth Claims of Relief w/ proposed order. (fdc) (Entered: 02/05/2001)
20 Settlement Agreement filed by defendant Georgia Pacific, plaintiff EEOC (fdc) (Entered: 02/05/2001)
Motion submitted to Chief Judge Boyle: [19-1] joint motion to dismiss Plaintiff's Third, Fourth, Fifth and Sixth Claims of Relief submitted (fdc) (Entered: 02/07/2001)
21 Joint motion by Georgia Pacific, Wayne Marrow, Benito Lopez, Vincent Chambers, Gary Boone, Georgia Pacific, EEOC to dismiss PlaintiffIntervenor Lopez's Claims With Prejudice (fdc) (Entered: 02/16/2001)
Informed by mediator, Jonathan R. Harkavy that case has settled (fdc) (Entered: 02/16/2001)
Motion(s) submitted: [21-1] joint motion to dismiss Plaintiff-Intervenor Lopez's Claims With Prejudice submitted (fdc) (Entered: 02/16/2001)
22 Order granting [19-1] joint motion to dismiss Plaintiff's Third, Fourth, Fifth and Sixth Claims of Relief signed by Terrence W. Boyle, USDJ. The Court retains jurisdiction over the enforcement of the Settlement Agreement for the purposes of entering such further orders as may be necessary or appropriate. OB Ref: BO # 17, p. 59; served. (fdc) (Entered: 02/22/2001)
23 Order granting [21-1] joint motion to dismiss Plaintiff-Intervenor Lopez's Claims With Prejudice signed by Terrence W. Boyle, USDJ. This Court reserves jurisdiction in the matter, to the extent necessary to enforce the Settlement Agreement between Lopez and Defendant. OB Ref: BO # 17, p. 96; served. (fdc) (Entered: 03/12/2001)
24 Consent judgment for Vincent Chambers, Gary Boone, Wayne Marrow against Georgia Pacific signed by Terrence W. Boyle, USDJ. OB Ref: BO # 17, p. 158; served. (fdc) (Entered: 04/02/2001)
Case closed; non-perm. (fdc) (Entered: 04/02/2001)
One copy of the docket sheet mailed to Patti McMullen of Taylor, Martino & hedge Southrust Bank Bldg. 61 St. Joseph St. Suite 1600 Mobile Alabama 36602. (ld) (Entered: 11/05/2001)

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 EEOC SETTLES RACIAL HARASSMENT SUIT AGAINST GEORGIA-PACIFIC CO... Page 1 of 2

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE Tuesday, April 3, 2001

CONTACT: TTY:

Mindy E. Weinstein Regional Attorney (704) 344-6876 (704) 344-6684

EEOC SETTLES RACIAL HARASSMENT SUIT AGAINST GEORGIA-PACIFIC CORPORATION

Class of African-American Workers Subjected to Racial Slurs, Jokes, Graffiti
RALEIGH, N.C. - The U.S. Equal Employment Opportunity Commission (EEOC) today announced a $200,000 settlement of a racial harassment lawsuit against Georgia-Pacific Corporation, a leading global manufacturer and distributor of paper and building products, on behalf of four African-American employees. The workers were subjected to a racially hostile work environment by a white supervisor at the company's facility in Butner, N.C., and one employee was fired after complaining about the harassment.
"Racial harassment continues to be a widespread problem in today's workplace, as evidenced by the increasing number of charges filed with EEOC offices across the country," said Commission Chairwoman Ida L. Castro. "Employers in the Carolinas and throughout the United States should be on alert that the EEOC will vigorously enforce workplace civil rights laws to remedy and eradicate harassment."
In addition to monetary benefits for the charging parties and fees for their private attorneys, the settlement enjoins Georgia-Pacific from discriminating against employees due to race and requires the company to provide training on anti-discrimination laws for its employees, including management, at the Butner facility. Georgia-Pacific, based in Atlanta, employs more than 85,000 people in nearly 600 plants, mills, distribution centers and facilities nationwide.
The suit was filed by EEOC's Charlotte District Office under Title VII of the Civil Rights Act of 1964 in the U.S. District Court for the Eastern District of North Carolina. According to the suit, a white manager in the company's Fabrication Shop subjected African-American employees to severe and repeated acts of racial harassment consisting of racial slurs, jokes, comments, and graffiti. In addition, the suit alleged that Georgia-Pacific terminated one of the African-American employees in retaliation for his complaints about the harassment.
Reuben Daniels, Jr., district director for EEOC's Charlotte office, said: "Combating race discrimination and harassment is one of EEOC's highest priorities in the Carolinas. It is imperative for employers to respond swiftly to complaints of discrimination and take corrective measures to eliminate such unlawful workplace conduct."
Charges of racial harassment filed with EEOC have more than doubled over the past decade from 2,849 charge filings in Fiscal Year 1991 to 6,616 in FY 2000, accounting for about 11% of all charges filed with the agency. Racial harassment is a form of race discrimination that includes racial jokes, slurs, offensive or derogatory comments, or other verbal or physical conduct based on an individual's race or color. Such conduct may create an intimidating, hostile, or offensive working environment, or interfere with workers' performance, in violation of Title VII.

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EEOC SETTLES RACIAL HARASSMENT SUIT AGAINST GEORGIA-PACIFIC CO... Page 2 of 2
In addition to enforcing Title VII, which prohibits employment discrimination based on race, color, religion, sex or national origin, EEOC enforces the Age Discrimination in Employment Act; the Equal Pay Act; Title I of the Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments; prohibitions against discrimination affecting individuals with disabilities in the federal government; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on the agency's Web site at www.eeoc.gov.
This page was last modified on April 3, 2001.
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