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

FIEED
,CHARLOTTE, N. C.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

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

CIVIL ACTION NO. (~6<;~-~

SARA LEE KNIT PRODUCTS, INC., Defendant (s) .

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, and to provide

appropriate relief to Jeffery C. Hemphill. Plaintiff, the Equal

Employment Opportunity Commission, alleges that Sara Lee Knit

Products, Inc. subjected Jeffery C. Hemphil! to harassment based on

his race.

JURISDICTION AND VENUE

I. 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) (i) and (3) of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

§2000e-5(f) (i) 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 United States District Court

for the Western District of North Carolina.

PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706 (f) <i) and (3) of Title VII, 42 U.S.C. §§ 2000e-5 (f) <i) and <3). 4. At all relevant times, Defendant, Sara Lee Knit Products, Inc., ("Defendant") has continuously been an Delaware corporation doing business in the State of North Carolina and the City of Forest City, 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 8. More than thirty days prior to the institution of this lawsuit, Jeffery C. Hemphill filed charges with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Beginning around January 1988 and continuing, Defendant has engaged in unlawful employment practices at its facility in Forest City, N.C. in violation of Section 703 (a) (i) of Title VII, 42 U.S.C. § 2000e-2 (a) (!). Defendant subjected Jeffery C. Hemphill to harassment based on his race by maintaining a racially hostile work environment. The racial harassment included racially derogatory comments, name-calling, jokes and graffiti by co-workers

and at least one supervisor. Although Mr. Jeffery C. Hemphill 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.
i0. The effect of the practices complained of in paragraph 9 above has been to deprive Jeffery C. Hemphill of equal employment opportunities and otherwise adversely affect his status as an employee because of his race, African-American.
ii. The unlawful employment practices complained of in paragraphs 9 and I0 above were intentional.
12. The unlawful employment practices complained of in paragraphs 9 and I0 above were done with malice or with reckless indifference to the federally protected rights of Jeffery C. Hemphill.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant apermanent injunction enjoining Defendant Sara Lee Knit Products, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in racial harassment of and retaliation against African-American employees, and from engaging in any employment practice which discriminates on the basis of race. B. Order Defendant Sara Lee Knit Products, Inc. to institute and carry out policies, practices, and programs that provide equal employment opportunities for African-American employees and which eradicate the effects of its past and present unlawful employment

practices. C. Order Defendant Sara Lee Knit Products, Inc. to make
whole Jeffery C. Hemphill 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.
D. Order Defendant Sara Lee Knit Products, Inc. to make whole Jeffery C. Hemphill by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 9 above, including emotional pain, suffering, loss of enjoyment of life, humiliation, and loss of self-esteem, in amounts to be determined at trial.
E. Order Defendant Sara Lee Knit Products, Inc. to pay Jeffery C. Hemphill punitive damages for its malicious and reckless conduct described in paragraph 9 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact

raised by its complaint.

day of

, 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

Regional Agto~/,ey (Acting)
"
Supervisot~] Trial Attorney (Acting)
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202

ZOE ~. Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608
Attorneys for Plaintiff

 
 -

RECEIVED
CHAR LOITE, N.C.

r"'-", '

IN THE UNITED STATES DISTRICT COURT

wet., u 1 ?n(:;FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Clerk, U. S. 'Dist. Court W. Dist of N. C.

ASHEVILLE DIVISION 1:00cv88-T (consolidated with 1:99cv86-C)

""
IlSHtvlt""

~

"

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

r. U.S,

hI'

(i(C
DiS

f

le C AI"" I 'V,
I 2000 •

r. lit. DIS trlCr
Of:' NC. OCU. fTr

) CONSENT DECREE

vs.

)

)

SARA LEE CORPORATION,

)

)

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)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.
The Commission and the Defendant, Sara Lee Corporation (the "Defendant"), hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter ofthis action is properly before 1he 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.
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 of Title 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 13 below. It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against or harass individuals on the basis of race
or any other protected category within the meaning of Title VII of the Civil Rights Act of 1964. 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 of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing that statute.
3. Defendant agrees to pay Jeffery Hemphill a monetary amount which is set forth in a separate agreement.
4. Defendant agrees to eliminate from the employment records of Jeffery Hemphill any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of the complaint in this action (Case No. 1:OOcv88-T) and the related events that occurred thert:~after.
5. Defendant's harassment policy which is attached hereto as Appendix A shall be posted conspicuously at Defendant's Hanes Printables distribution facility in Rural Hall, North Carolina 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 this Decree.
6. During the term of this Decree, Defendant shall provide an annual training program to all of its management and supervisory employees at its Hanes Printables' distribution facility in Rural Hall, 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
2

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shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964 and its prohibition against race discrimination in the workplace, including racial 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 entry of this 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.
7. During tht~ term of this Decree, Defendant agrees that it shall provide an annual training program to all of its non-management and non-supervisory employees at its Hanes Printables' distribution facility in Rural Hall, 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 ofthe Civil Rights Act of 1964 and its prohibition against race discrimination in the workplace, including racial harassment and retaliation. Each training program shall also cover Defendant's antidiscrimination 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 entry of this 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.
3

--

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8. During the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Appendix B, hereby made a part of this Decree, in a place where it is visible to the employees at its Hanes Printables' distribution facility in Rural Hall, North Carolina. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notic:e.
9. 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 racial harassment to Human Resources or supervisory or managem<mt personnel at Defendant's Hanes Printables distribution facility in Rural Hall, North Carolina including by way of identification each person's name, race, 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 Dec:ree and every six months thereafter during the term of this Decree.
to. Defendant agrees that the Commission may review compliance with this Decree.
If 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 thirty (30) days in which to investigate and respond to the allegations. Thereafter, the parties shall then 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. Prior to such negotiation and conciliation, the Commission may inspect the premises, interview employees and examine and copy documents.
4

11. The term ofthis Decree shall be for two (2) years from its entry by the Court. 12. Each party shall bear its own costs and attorney's fees. 13. This Court shall retain jurisdiction of this e for purposes of monitoring compliance with this Decree and entry of suc
The parties jointly request that the Court approve and enter the Consent Decree: SARA LEE CORPORATION
BY:~ Constangy, B oks & Smith, LLC 101 South Stratford Road, Suite 300 Winston Salem, N.C. 27104-4224
5

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
C. GREGORY STEWART General Counsel
GWENDOL YN YOUNG REAMS Associate Genera'! Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507

By:

~.4~

Mindy E. ein tein

Regional Attorney

129 West Trade Street, Suite 400

Charlotte, N.C. 28202

Zoe G. Mahood Trial Attorney 1309 Annapolis Drive Raleigh, N.C. 27608

6

_- -, C,B&S WINSTON-SALEM Fax:336-748-9112 . . . . . . . . . . . . . . . . . . . ._.., . . .

Oct 12 '00 11:29

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-

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NOTICE TO EMPLOYEES
1. This Notice is posted pursuant to an agreement between Sara Lee Corporation and the U.S. Equal Employment Opportunity Commission in a case alleging discrimination based on race in a facility other than Northridge.
2. Federal law requin;~s 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. Sara Lee Corporation supports and will comply with such federal law in all respects. Specifically, Sara Lee Corporation agrees that it will not discriminate any applicants or employees based on race.
3. Sara Lee 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 conductl~d 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
APPENDIXB

-

-

ejb

United States District Court

for the

Western District of North Carolina

December 11, 2000

* * MAILING CERTIFICATE OF CLERK * *

Re: 1:00-cv-00088

True and correct copies of the attached were mailed by the clerk to the following:
Stanley H. Pitts, Esq. Equal Employment Opportunity Commission 1801 L. Street, N.W. Washington, DC 20507
Nancy A. Weeks, Esq. Equal Employment Opportunity Commission 1801 L. Street, N.W. Washington, DC 20507
Zoe G. Mahood, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202 2799
W. R. Loftis, Esq. Constangy, Brooks & Smith First Stratford Building 101 S. Stratford Rd. Suite 300 Winston-Salem, NC 27104-4213
Virginia A. Piekarski, Esq. Constangy, Brooks & Smith First Stratford Building 101 S. Stratford Rd. Suite 300 Winston-Salem, NC 27104-4213

-

cc:

Judge Magistrate Judge

((v)f

u.s. Marshal

( )

Probation

( )

U. S . At to rney

( )

Atty. for Deft.

( )

Defendant

( )

Warden

( )

Bureau of Prisons

( )

Court Reporter

( )

Courtroom Deputy

( )

Orig- Security

( )

Bankruptcy Clerk's Ofc. ( )

Other

( )

Date:~

Frank G. Johns, Clerk
By: ~.6~ Deputy Clerk

 
 CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?593807382367825-L_...

CLOSED, CONSENT
U.S. District Court Western District of North Carolina (Asheville) CIVIL DOCKET FOR CASE #: 1:00-cv-00088

EEOC v. Sara Lee Corporation Assigned to: Magistrate Judge Max O. Cogburn, Jr Demand: $0 Cause: 42:2000ra Job Discrimination (Race)

Date Filed: 04/24/2000 Date Terminated: 12/11/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Nancy A. Weeks Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507 202/663-4736 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stanley H. Pitts Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507 202/663-4736 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Zoe Gabriele Mahood Equal Employment Opportunity Comm. 1309 Annapolis Drive Raleigh, NC 27608 919-856-4080 Fax: 919-856-4156 Email: Zoe.Mahood@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant

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https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?593807382367825-L_...

Sara Lee Corporation

represented by Virginia A. Piekarski Constangy, Brooks & Smith, LLC 100 North Cherry St. Suite 300 Century Plaza Winston-Salem, NC 27101 336/721-1001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Randolph Loftis Constangy, Brooks & Smith, LLC 100 North Cherry Street Suite 300 Winston-Salem, NC 27101 336-721-6850 Fax: 336-748-9112 Email: rloftis@constangy.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 04/24/2000 04/27/2000 05/04/2000 05/04/2000 05/04/2000
05/18/2000 05/19/2000 06/02/2000 06/05/2000
06/08/2000

#

Docket Text

1 COMPLAINT (jhg) (Entered: 04/27/2000)
Consent to Trial by Magistrate Form given by Clerk in Charlotte Clerk's Office to counsel of record (jhg) (Entered: 04/27/2000)
2 ANSWER to Complaint by Sara Lee Knit Prod. (Attorney W. R. Loftis, Virginia A. Piekarski), (jhg) (Entered: 05/04/2000)
3 MOTION by Sara Lee Knit Prod. to Consolidate Cases 1:00cv88 and 1:99cv86 referred to: Judge Max O. Cogburn Jr. (jhg) (Entered: 05/04/2000)
4 MEMORANDUM by Sara Lee Knit Prod. in support of [3-1] motion to Consolidate Cases 1:00cv88 and 1:99cv86 by Sara Lee Knit Prod. (jhg) (Entered: 05/04/2000)
Case file sent to Judge Cogburn's office (jhg) (Entered: 05/18/2000)
5 RESPONSE by EEOC to [3-1] motion to Consolidate Cases 1:00cv88 and 1:99cv86 by Sara Lee Knit Prod. (ejb) (Entered: 05/22/2000)
NOTICE of Hearing: set for IPC at 2:00 6/12/00 before Judge Max O. Cogburn Jr. (jhg) (Entered: 06/02/2000)
6 MEMORANDUM by Sara Lee Knit Prod. in support of [3-1] motion to Consolidate Cases 1:00cv88 and 1:99cv86 by Sara Lee Knit Prod. (jhg) (Entered: 06/05/2000)
7 MOTION by EEOC to Continue Initial Pretrial Conference referred to: Judge Max O. Cogburn Jr. (jhg) (Entered: 06/08/2000)

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CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?593807382367825-L_...

06/08/2000 06/08/2000 06/08/2000
06/12/2000 06/13/2000 06/19/2000 06/19/2000 06/22/2000 06/22/2000
08/16/2000 08/16/2000 10/26/2000 12/11/2000 12/11/2000

Consolidated Member Case . Lead Case Number: 1:99cv86 (jhg) (Entered: 06/09/2000)
Case file returned to clerk's office (jhg) (Entered: 06/09/2000)
8 ORDER granting [3-1] motion to Consolidate Cases 1:00cv88 and 1:99cv86, granting [7-1] motion to Continue Initial Pretrial Conference, and reset for IPC at 2:00 6/21/00 before Judge Max O. Cogburn Jr. ( signed by Judge Max O. Cogburn Jr. ) [EOD DATE: 6/9/00] (jhg) (Entered: 06/09/2000)
NOTICE of Hearing: reset for IPC at 2:00 6/19/00 before Judge Max O. Cogburn Jr. (jhg) (Entered: 06/13/2000)
Case file sent to Judge Cogburn's office (jhg) (Entered: 06/13/2000)
9 Consent ORDER, to Amend deft name ( signed by Judge Max O. Cogburn Jr. ) [EOD DATE: 6/20/00] (jhg) (Entered: 06/20/2000)
10 CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - consent (jhg) (Entered: 06/20/2000)
Case file returned to clerk's office (jhg) (Entered: 06/23/2000)
11 INITIAL PRETRIAL ORDER IPC held 2:00 6/19/00 Discovery deadline is 9/29/00 Motion filing deadline is 10/30/00 Mediation due: 9/29/00 Jury Trial set for 3/6/01 before Judge Lacy H. Thornburg ETT: 3-4 days ( signed by Judge Max O. Cogburn Jr. ) (jhg) (Entered: 06/23/2000)
CASE reassigned to Judge Max O. Cogburn Jr. (consent was filed in lead case 1:99cv86) (pdf) (Entered: 08/16/2000)
CASE NO LONGER REFERRED TO Judge Max O. Cogburn Jr. (bsw) (Entered: 10/06/2000)
12 Certificate of completion of ADR session Session Type: mediation, Result: settled - Terminated (pdf) (Entered: 10/30/2000)
13 CONSENT DECREE by defendant Sara Lee Corp (Magistrate Max O. Cogburn, Jr.) Judgment Volume 82 Page 28 (jhg) (Entered: 12/12/2000)
Case closed (jhg) (Entered: 12/12/2000)

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 EEOC FILES DISCRIMINATION SUIT AGAINST SARA LEE KNIT...

http://www.eeoc.gov/press/4-25-00-c.html

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE April 25, 2000

CONTACT: TTY:

Stanley Pitts Acting Regional Attorney Charlotte District Office (704) 344-6880 (704) 344-6684

EEOC FILES DISCRIMINATION SUIT AGAINST SARA LEE KNIT PRODUCTS, INC.

CHARLOTTE, NC - The U.S. Equal Employment Opportunity Commission announced today that it filed a racial harassment lawsuit against Sara Lee Knit Products, Inc. The suit alleges that Sara Lee Knit Products subjected a former employee, Jeffery C. Hemphill, to a racially hostile work environment.
According to the complaint filed in the United States District Court for the Western District of North Carolina, Shelby Division, Sara Lee violated Title VII of the Civil Rights Act of 1964 when it subjected Hemphill to harassment based on race at its Forest City facility. The racial harassment included racially derogatory comments, name-calling, jokes and graffiti by co-workers and at least one supervisor.
Reuben Daniels, Acting Director of EEOC's Charlotte District Office, said: "EEOC has filed a number of cases challenging racial harassment this week throughout the district and we will continue to focus on suing employers who fail to take action to provide a workplace free from such harassment."
The EEOC seeks back pay, and compensatory and punitive damages, as well as injunctive relief prohibiting Sara Lee from engaging in employment practices which discriminate against African-American employees.
The EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin; the Age Discrimination in Employment Act; the Equal Pay Act; prohibitions against discrimination affecting individuals with disabilities in the federal sector; sections of the Civil Rights Act of 1991, and Title I of the Americans with Disabilities Act, which prohibits discrimination against people with disabilities in the private sector and state and local governments. Further information is available at EEOC's website at www.eeoc.gov.

This page was last modified on April 28, 2000.

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