IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION

U.

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

Plaintiff,

CIVIL ACTION NUMBER

MEDIA PLAY, INC., and THE MUSICLAND GROUP INC. d/b/a MEDIA PLAY,
Defendants.

JURY TRIAL DEMANDED

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex (female), ~"nd to provide appropriate relief to Sara Eastwood and other similarly situated current and former employees who were adversely affected by such practices. The Equal Employment Opportunity Commission (the "Commission") alleges that Sara Eastwood and other similarly situated female employees were subjected to a sexually hostile work environment by Media Play, Inc. and The Musicland Group, Inc. d/b/a Media Play ("Defendants" or "Media Play"),
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U,S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(l) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S,C. § 1981a.

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of North Carolina, Charlotte Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(1")(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendants, Media Play Inc. and The Musicland Group Inc. d/b/a Media Play, have continuously been Delaware corporations doing business in the State of North Carolina and the City of Charlotte, and have continuously had at least fifteen (15) employees. 5. At all relevant times, Defendants have continuously, been employers engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. § 2000e(b), (g) and (h).
CONCILIATION 6. More than thirty days prior to the institution of this lawsuit, Sara Eastwood filed a charge with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.
STATEMENT OF CLAIMS 7. Since at least October 2000, Defendants engaged in unlawful employment practices at their South Boulevard, Charlotte, North Carolina facility, in violation of Section
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703(a)(1) of Title VII, 42 U.S.C. §§ 2000e-2(a)(1). The unlawful practices include subjecting Sara Eastwood and other similarly situated female employees to a sexually hostile work environment, including sexual comments and sexual advances, made by a male co-worker. Although Defendants received complaints about the sexual harassment, and otherwise knew or reasonably should have known about the sexual harassment, Defendants failed to take appropriate action to stop it.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Sara Eastwood and other similarly situated female employees of equal employment opportunities and otherwise adversely affect their status as employees because of sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Sara Eastwood and other similarly situated female employees
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. B. Order Defendants to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects of their past and present unlawful employment practices.
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C. Order Defendants to make whole Sara Eastwood and other similarly situated current and former employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to medical expenses.
D. Order Defendants to make whole Sara Eastwood and other similarly situated current and former employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices complained of in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, toss of civil rights and humiliation, in amounts to be determined at trial.
E. Order Defendants to pay Sara Eastwood and other similarly situated current and former employees punitive damages for their malicious and reckless conduct described in paragraph 7 above in amounts to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
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. GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
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~,I~DY,~, ~EINSTEIN Regional Attorney
.-~rial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Telephone: (704) 344-6875

 
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U.S. District Court Western District of North Carolina (Charlotte) CIVIL DOCKET FOR CASE #: 3:02-cv-00361

CLOSED

EEOC v. Media Play Inc, et al Assigned to: Carl Horn, III Demand: $0 Cause: 42:1981 Sex Discrimination Plaintiff Equal Employment Opportunity Commission
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Date Filed: 08/30/2002 Date Terminated: 08/04/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Gwendolyn Young Reams Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507 202/663-4736 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kirk J. Angel Equal Employment Opportunity Commission Charlotte District Office PO Box 692 Harrisburg, NC 28075 704/455-3311 Fax: 704/973-7859 Email: kirk@theangellawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lynette A. Barnes Equal Employment Opportunity Commission Charlotte District Office 129 W. Trade Street, Suite 400 Charlotte, NC 28202 704.344.6878 Fax: 704.344.6780 Email: lynette.barnes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mindy E. Weinstein Equal Employment Opportunity
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V. Defendant Media Play, Inc.
Defendant Musicland Group, Inc. doing business as Media Play, Inc.

Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard F. Kane Moore & Van Allen 100 N. Tryon St., Suite 4700 Charlotte, NC 28202 704-331-1056 Fax: 704-378-1921 Email: dickkane@mvalaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert Blakeney Meyer Poyner & Spruill, LLP One Wachovia Center 301 South College Street, Suite 2300 Charlotte, NC 28202 704-342-5347 Fax: 704-342-5264 Email: rmeyer@poynerspruill.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard F. Kane (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert Blakeney Meyer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/30/2002

#

Docket Text

1 COMPLAINT (former emp) Modified on 09/08/2002 (Entered: 09/08/2002)

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08/30/2002 10/02/2002 10/28/2002 10/28/2002 10/28/2002
11/19/2002 11/21/2002
12/17/2002 01/14/2003
01/14/2003
03/25/2003 05/01/2003
07/17/2003 07/17/2003 07/18/2003
08/04/2003

2 CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - consent (former emp) (Entered: 09/08/2002)
3 WAIVER OF SERVICE Returned Executed as to Media Play Inc 9/17/02 Answer due on 11/18/02 for Media Play Inc (former emp) (Entered: 10/02/2002)
4 ANSWER to Complaint by Media Play Inc, MusicLand Grp Inc (former emp) (Entered: 10/28/2002)
5 CONSENT/REFUSAL to Magistrate Jurisdiction by Media Play Inc, MusicLand Grp Inc - consent (former emp) (Entered: 10/28/2002)
6 Disclosure of Corporate Affiliations other entities with a direct financial interest in litigation by Media Play Inc, MusicLand Grp Inc (former emp) (Entered: 10/28/2002)
7 Certificate of I.A.C. by plaintiff EEOC, defendant Media Play Inc, defendant MusicLand Grp Inc (former emp) (Entered: 11/19/2002)
8 ORDER, set for IPC at 9:30 1/14/03 before Magistrate Judge Carl Horn III ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 11/21/02] (former emp) (Entered: 11/21/2002)
9 NOTICE of Appearance for EEOC by Lynette A. Barnes (former emp) (Entered: 12/17/2002)
10 INITIAL PRETRIAL ORDER Discovery deadline is 8/29/03 Motion filing deadline is 9/30/03 before Magistrate Judge Carl Horn III ETT: 5-7 days ( signed by Magistrate Judge Carl Horn III ) (former emp) (Entered: 01/14/2003)
11 ORDER referring case to ADR. Mediation deadline: 5/15/03 M. Ann Anderson appointed. ( signed by Magistrate Judge Carl Horn III ) (former emp) (Entered: 01/14/2003)
12 PROTECTIVE ORDER ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 3/25/03] (former emp) (Entered: 03/25/2003)
13 Certificate of completion of ADR session by M. Ann Anderson Session Type: Mediation, Result: settled - Terminated mediator M. Ann Anderson (former emp) (Entered: 05/01/2003)
14 JOINT MOTION by EEOC, Media Play Inc, MusicLand Grp Inc for Order to Dismiss action (former emp) (Entered: 07/17/2003)
15 STIPULATION by EEOC, Media Play Inc, MusicLand Grp Inc regarding settlement agreement () (former emp) (Entered: 07/17/2003)
16 ORDER granting [14-1] joint motion for Order to Dismiss action ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 7/18/03] Judgment Volume: 49B Page: 91 (former emp) (Entered: 07/18/2003)
Case closed (former emp) (Entered: 08/04/2003)

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 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

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OPPORTUNITY COMMISSION, )

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Plaintiff,

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Civil Action No. 3;02CV361-H

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MEDIA PLAY, INC., and

)

THE MUSICLAND GROUP INC. )

d/b/a MEDIA PLAY,

)

)

Defendants. )

SETTLEMENT AGREEMENT This Settlement Agreement is made and entered into by Plaintiff, Equal Employment Opportunity Commission ("EEOC"), and Defendants, Media Play, Inc., and The Musicland Group, Inc. (collectively "Media Play"). Whereas, Plaintiff filed the this action pursuant to Title VII ofthe Civil Rights Act of 1964,42 U.S.C. § 2000e, as amended, seeking relief on behalf of Sara Eastwood and other similarly situated female employees; and, whereas bona fide disputes and controversies exist between the parties both as to liability and the amount thereof, if any; and, whereas the parties desire to resolve this action without the burden, expense, and delay of contested litigation, Without limiting the generality of the foregoing, the parties agree as follows:

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I. In consideration ofthe payments described herein to be made by Media Play, and for other good and valuable consideration, receipt of which is hereby acknowledged, EEOC agrees to release Media Play from all claims, demands, and causes ofaction that have been asserted by EEOC against Media Play in Civil Action No. 3:02CV361-H. EEOC shall also request that the Court enter an order dismissing this Civil Action No. 3:02CV361-H with prejudice pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, subject to the condition that the Court may reopen this matter at the request of either party hereto for purposes of enforcement of this Agreement.
2. EEOC does hereby acknowledge and promise that, although there is included in the foregoing the full, complete and final settlement and satisfaction of all causes of action, claims, demands ofevery nature that are asserted in Civil Action No. 3:02CV361-H, neither those facts or anything concerning this settlement shall in any manner be deemed, or be used as evidence of, an admission, finding, or indication for any purpose whatsoever that Media Play has at any time or in any respect violated the law or discriminated against any person contrary to the law or the rights of any person.
3. The parties hereto shall bear their own costs, expenses, and attorneys' fees incurred in this action.
4. Media Play shall make the following payments: two thousand-five htmdred dollars ($2,500.00) to Sara Eastwood; two thousand-five hundred dollars ($2,500.00) to Terri Kelley; and two thousand-five hundred dollars ($2,500.00) to Cynthia Moore These payments shall be made by Media Play within ten days of the Court's entry of the Order of Dismissal ofthis Civil Action. Copies ofthe checks shall be mailed to Mindy Weinstein at EEOC within ten days after the payments bave been mailed to Eastwood, Kelley, and Moore.
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5. Media Play will provide a neutral reference for Sara Eastwood, Terri Kelley, and Cynthia Moore.
6. Media Play shall remove from the personnel files of Sara Eastwood, Terri Kelley, or Cynthia Moore, any documents referring to the facts and circumstances that led to Eastwood's filing ofCharge No. l40Ali 074 with EEOC, or any related events that occurred thereafter.
7. Media Play shall post, at its South Boulevard store in Charlotte, North Carolina, the Notice attached hereto as "Exhibit A."
8. Media Play shall provide, within six (6) montbs of the execution of this Agreement, training to supervisory employees at its five stores located in the CharlotteMecklenburg region of North Carolina, regarding the following subjects: Sexual Harassment prohibited by Title VII of the Civil Rights Act of 1964, as anlcnded; and Media Play's policy regarding sexual harassment.
9. Media Play shall also provide, within twelve (12) months ofthe execution of this Agreement, the same training referenced in Paragraph 8, above, to any newly hired supervisory employees at said five North Carolina stores, who did not participate in the training provided pursuant to the provisions ofParagraph 8, above.
10. Within ten (10) days after the training referenced in Paragraphs 8 and 9 is conducted, Media Play shall provide certification to EEOC that the training was conducted, as well as a list of the names of those persons who received the training.
II. This is the entire Agreement between Media Play and EEOC. Neither party has made any promises to the other party other than those contained in this Agreement.
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& This the day of July, 2003.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

GWENDOLYN YOUNG REAMS Associate General Counsel 1801 L Street, N.W. Washington, D.C. 20507
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Regional Attorney 129 West Trade Street, Suite 400 Charlotte, NC 28202

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Trial Attorney

129 West Trade Street, Suite 400 Charlotte, NC 28202

MEDIA PLAY, INC. and THE MUSICLAND GROUP, INC.
By, C/~

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NOTICE TO EMPLOYEES
Pederallaw prohibits discrimination against any employee or applicant for employment because of the individual's sex, race, color, religion, national origin, disability or age (40 and over) with respect to hiring, promotion, discipline, firing, compensation, or other terms, conditions or privileges of employment. [n barring sex discrimination, Federal law prohibits sexual harassment. Sexual harassment includes subjecting employees to sexual comments or conduct that culminates in a tangible job action (such as discharge) or creates a hostile and offensive working environment. Federal law also prohibits retaliation against any employee or applicant for employment because the individual has opposed discriminatory employment practices.
Media Play, Inc.("Media Play") support and will comply with such federal law in all respects and will not take action against employees because they have exercised their rights under the law. Specitlcally, Media Play will not discriminate against any employee because of his or her sex.
Media Play has adopted an equal employment opportunity policy and will ensure that all management, supervisors, and other employees abide by the requirements of that policy.
[f you believe that you have been discriminated against based on your sex or sexually harassed, you should report the discriminatory conduct promptly to Media Play.

Date

for Media Play, Inc.

EXHIBIT A