Case 5:02-cv-00702-H Document 1 Filed 09/27/2002 Page 1 of 5

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

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CHANNEL MARKER II, INC.

)

)

Defendant.

)

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

COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII ofthe 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, and to provide

appropriate reliefto Emily Westridge and other similarly situated female employees who were

adversely affected by the practices. The Commission alleges that Defendant Channel Marker II,

Inc. discriminated against Emily Westridge and other similarly situated female employees by

subjecting them to sexual harassment and that Defendant constructively discharged female

employees, because of their sex, female.

JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 706(f) (1) and (3) of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §2000e-5(f) (1) and (3) ("Title

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

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Eastern District of North Carolina.

Case 5:02-cv-00702-H Document 1 Filed 09/27/2002 Page 2 of 5
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 of the Civil Rights Act and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.c. §2000e-5(f)(1). 4. At all relevant times, Defendant Channel Marker II, Inc. ("Defendant") has continuously been a North Carolina corporation doing business in the State of North Carolina and the City of Atlantic Beach 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 under 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, Emily Westridge filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution ofthis lawsuit have been fulfilled. 7. Since at least May 2001, Defendant has engaged in unlawful employment practices at its facility located in Atlantic Beach, North Carolina, 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 Emily Westridge and other similarly situated female employees to discrimination by subjecting them to a sexually hostile work environment based on their sex. The sexual harassment included unwelcome sexual touching and comments by numerous male employees. Although Defendant knew or should have known about the harassment, Defendant failed to take immediate and appropriate corrective action to stop the harassment.
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b. Defendant constructively discharged female employees due to the sexually hostile work environment.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Emily Westridge and other similarly situated female employees of equal employment opportunities and otherwise adversely affect their status as employees because oftheir 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 Emily Westridge and other similarly situated female employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from sexual harassment or any other employment practice that discriminates on the basis of sex. B. Order Defendant to institute and carry out policies, practices, and programs that provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole female employees who were constructively discharged, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement.
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D. Order Defendant to make whole Emily Westridge and other similarly situated female employees by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above in amounts to be determined at trial.
E. Order Defendant to make whole Emily Westridge and other similarly situated female employees by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, and loss of civil rights in amounts to be determined at trial.
F. Order Defendant to pay Emily Westridge and other similarly situated female employees punitive damages for its malicious and reckless conduct, as described 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. DATED this _ _ day of September, 2002. Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
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~JnL~
MIND . INSTEIN
-===- \~ ~:tWtomJey1~ ~ LYNETTE~-­ Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 ~ G ~dJ EG.MAHOOD Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608 ATTORNEYS FOR PLAINTIFF
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 Case 5:02-cv-00702-H Document 18 Filed 11/26/2003 Page 1 of 7

ReCEIVED

NOVU72003

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLIN

.-J DAViD W. O;\NIEL, CLERK
US DISTRICT COURT, EDNC .

EASTERN DIVISION

CIVIL ACTION NO. 5:02-CV-702-H(4)

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CHANNEL MARKER II, INC.

)

)

Defendant.

)

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

CONSENT DECREE

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

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

amended, 42 U.S.c. Section 2000e-S(t)(I) and (3) ("Title VII"), and Section 102 of the Civil

Rights Act of 1991,42 U.S.C. § 1981a.

The Commission and the Defendant, Channel Marker II, Inc. (the "Defendant"), hereby

stipulate to jurisdiction of the Court over the parties and agree that the subject matter of this

action is properly before the Court.

The parties have advised this Court that they desire to resolve the allegations in the

Complaint without the burden, expense, and delay of further litigation.

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 15 below.

Case 5:02-cv-00702-H Document 18 Filed 11/26/2003 Page 2 of 7
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against any employee on the basis of sex, including sexual harassment, 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 under that statute. 3. Defendant shall pay Emily Westridge the sum of Five Thousand dollars ($5,000.00) in settlement of the claims raised in this action. Defendant shall make payment by issuing a check payable to Emily Westridge. Payment shall be made within fifteen days after the Court approves this Consent Decree, and Defendant shall mail the check to Emily Westridge at the address provided by the Commission. Within ten days after the check has been sent, Defendant shall mail to Bobby C. Simpson, Acting Regional Attorney at the Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the check and proof of its delivery to Emily Westridge. 4. Defendant agrees to eliminate from the employment records of Emily Westridge any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge Number 141A20045 and the related events that occurred thereafter. 5. Within thirty (30) days ofthe entry of this Decree by the court, Defendant shall institute and implement an anti-harassment policy. Defendant shall mail a copy of said policy to
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Bobby C. Simpson at the above address within forty-five (45) days of the entry of this Decree. 6. During the term of this Decree, Defendant shall provide an annual training
program to all of its managers, supervisors and employees at its facility in Atlantic Beach, North Carolina. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964, and its prohibition against sex discrimination in the workplace, including sexual harassment and retaliation. Each training program shall also cover Defendant's anti-harassment 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 the decree by the Court. Each subsequent training program shall be conducted at approximately one-year intervals. At least fifteen (15) days prior to each program, Defendant shall provide the Commission with an agenda for the training program. 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.
8. Beginning within thirty (30) days after the entry of this Decree by the Court, and continuing throughout the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Exhibit A, hereby made a part ofthis Decree, in a place where it is visible to employees at its Atlantic Beach, North Carolina facility. Ifthe Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy ofthe Notice.
9. Defendant agrees to provide the Commission with semi-annual reports during the term ofthis Decree. The reports shall include the following information: (a) the identities of all individuals who have complained of sexual harassment at Defendant's Atlantic Beach, North
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Carolina facility including by way of identification each person's name, sex, position, and social security number; (b) a detailed statement of the individual's complaint; (c) the identity of the alleged harasser; and (d) what action was taken in response to the individual's complaint. Defendant shall submit the reports to the Commission four (4) months after the date of entry of this Consent Decree and every six months thereafter during the term of this Decree.
10. Defendant agrees that the Commission, upon reasonable notice, may review compliance with this Decree. As part of such review, the Commission may inspect Defendant's Atlantic Beach, North Carolina premises, interview employees and examine and copy documents.
11. 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 ten (10) 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 negotiation and conciliation regarding such allegations before the Commission exercises any remedy provided by law.
12. The term of this Decree shall be for two (2) years from its entry by the Court. 13. All reports or other documents sent to the Commission by Defendant pursuant to this Decree shall be sent to: Bobby C. Simpson, Acting Regional Attorney, at the Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202. 14. Each party shall bear its own costs and attorney's fees. 15. This Court shall retain jurisdiction ofthis cause for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.
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Case 5:02-cv-00702-H
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Document 18

Filed 11/26/2003

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The parties jointly request that the Court approve and enter the Consent Decree:
CHANNEL MARKER II, INC.
By: Thomas A. Farr Haynsworth, Baldwin, Johnson & Greaves, LLC 1400 Crescent Green, Suite 320 P.O. Box 10035 Raleigh, N.C. 27605-0035 Tel: (919) 233-4600
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
By: o
Acting Regio al ttomey 129 West Trade Street, Suite 400 Charlotte, N.C. 28202 Tel: (704) 344-6880
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By: ~M~Od 4Senior Trial Attorney 1309 Annapolis Drive Raleigh, N.C. 27608 Tel: (919) 856-4080
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Case 5:02-cv-00702-H Document 18 Filed 11/26/2003 Page 7 of 7

NOTICE TO EMPLOYEES
Federal law 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. Federal law also prohibits retaliation against any employee or applicant for employment because the individual has opposed discriminatory employment practices.
Channel Marker II, Inc. ("Channel Marker") supports and will comply with such federal law in all respects and will not discriminate against any employee because of their sex. Additionally, Channel Marker will not take any action against employees because of their race, color, religion, national origin, disability or age, or because they have exercised their rights under the law.
Channel Marker has adopted an equal employment opportunity policy and will ensure that all management, supervisors, and other employees abide by the requirements of that policy. Channel Marker has taken, and will continue to take all actions required by the United States District Court, including the grant of monetary relief to aggrieved individuals, and the posting of this notice.
If you believe that you have been discriminated against based on your sex, you should report the discriminatory conduct promptly to Channel Marker, or to the U.S. Equal Employment Opportunity Commission, 1309 Annapolis Drive, Raleigh, N.C. 27608, Tel: (919) 856-4064.
This Notice will remain posted for at least two (2) years by agreement with the U.S. Equal Employment Opportunity Commission.
~D~O~N..!.:O~T~RE~M~O~V.!..,.,E~T~H~IS~N=O~T~IC~E~U~N~T~IL~:_ _ _ _ _ _ _ _ _ _, 2005.

Date

for Channel Marker, II, Inc.

EXHIBIT A

 
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CLOSED, Jury Trial, USMJ_Webb
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CIVIL DOCKET FOR CASE #: 5:02-cv-00702-H

EEOC v. Channel Marker II Assigned to: Judge Malcolm J. Howard Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
V. Defendant Channel Marker II, Inc.

Date Filed: 09/27/2002 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by Bobby C. Simpson EEOC/Charlotte District Office 129 W. Trade St. Suite 400 Charlotte, NC 28202 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
represented by Gretchen W. Ewalt Ogletree, Deakins, Nash, Smoak & Stewart 2301 Sugarbush Rd. Suite 600 Raleigh, NC 27612 919-787-9700 Fax: 919-783-9412 Email: gretchen.ewalt@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas A. Farr Ogletree, Deakins, Nash, Smoak &

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Stewart 2301 Sugarbush Rd. Suite 600 Raleigh, NC 27612 919-787-9700 Fax: 783-9412 Email: thomas.farr@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/27/2002 09/27/2002 09/27/2002 10/01/2002 10/04/2002
10/04/2002 10/04/2002 10/17/2002 11/08/2002 11/20/2002 12/20/2002 12/20/2002 01/09/2003
04/02/2003

#

Docket Text

1 Complaint filed - Federal Question: Employment Discrimination. JURY DEMAND. (js) (Entered: 10/01/2002)
2 Notice of Lawsuit and Request for Waiver of Service of Summons filed by plaintiff EEOC (js) (Entered: 10/01/2002)
(ll) (Entered: 12/30/2002)
cy. of complaint to clerk for reassignment to Eastern Division. (js) (Entered: 10/01/2002)
3 Order, reassigning/referring case to Judge Howard signed by D. Daniel, Clerk. Additionally, the Magistrate assignment in the case shall be changed to Magistrate Judge Louise W. Flanagan. All future pleadings should reflect the revised case no. 4:02-CV-147-H(4). served. (iw) (Entered: 10/04/2002)
Case reassigned to Judge Malcolm J. Howard (iw) (Entered: 10/04/2002)
File clerk to re-label file and forward to Greenville. (iw) (Entered: 10/04/2002)
4 Waiver of Service Returned Executed as to Channel Marker II 10/4/02 Answer due on 12/3/02 for Channel Marker II. (dh) (Entered: 10/24/2002)
5 Answer to Complaint by Channel Marker II; jury demand (ll) Modified on 11/20/2002 (Entered: 11/20/2002)
6 Request for Discovery Plan: Discovery Plan due by 1/3/03 (ll) (Entered: 11/20/2002)
7 Discovery Plan filed by EEOC, Channel Marker II (ll) (Entered: 12/30/2002)
Case submitted to: William A. Webb, USMJ [7-1] discovery submitted for entry of scheduling order. (ll) (Entered: 12/30/2002)
8 Order on Scheduling by Magistrate William A. Webb setting Discovery cutoff 9/30/03 Deadline for filing of all motions 10/30/03 before Judge Malcolm J. Howard - trial date to be set sometime February 2004. ccys served. calendar copy. (dh) (Entered: 01/09/2003)
Order setting trial date forthcoming. (dh) (Entered: 04/02/2003)

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04/09/2003 04/09/2003
05/12/2003 05/19/2003 05/19/2003
05/19/2003 05/20/2003 05/23/2003 05/27/2003
08/07/2003 08/07/2003 09/09/2003 09/11/2003 09/24/2003

9 Order on Scheduling by Magistrate William A. Webb setting Jury Trial scheduled for 2/2/04 before Judge Malcolm J. Howard in G'ville. calendar copy & ccys served. (dh) (Entered: 04/09/2003)
10 Document filed by defendant Channel Marker II titled: Notice of Change of Counsel of Record - deft. hereby notifies the court that responsibility of this matter has been transferred to the undersigned attorneys who were formerly members of Maupin Taylor & Ellis, P.A. and are now members of Haynsworth Baldwin Johnson & Greaves, LLC. cy to Carol to update system. (dh) (Entered: 04/25/2003)
11 Motion by Channel Marker II to continue trial from Feb. 2, 2004 until April 5, 2004 or whatever date the court deems convenient , cs. (dh) (Entered: 05/19/2003)
Called counsel to advise of correct case number. (dh) (Entered: 05/19/2003)
Motion(s) submitted: [11-1] motion to continue trial from Feb. 2, 2004 until April 5, 2004 or whatever date the court deems convenient submitted. CASE FILE TO JUDGE HOWARD FOR CONSIDERATION. (dh) (Entered: 05/19/2003)
12 Motion by EEOC to extend time to designate experts , cs. cy to Clerk with p.o. (dh) (Entered: 05/21/2003)
Called Ms. Mahood's office to advise of the correct case number. (dh) (Entered: 05/20/2003)
13 Order granting [12-1] motion to extend time to designate experts to 7/15/03 for plaintiff and 8/15/03 for defendant. signed by David W. Daniel, Clerk. Cys. served. (ll) (Entered: 05/23/2003)
14 Order granting [11-1] motion to continue trial from Feb. 2, 2004 until April 5, 2004 or whatever date the court deems convenient, reset Jury trial before Judge Malcolm J. Howard for 4/5/04 signed by Malcolm J. Howard, US Judge. ccys served. Calendar copy. (dh) (Entered: 05/27/2003)
15 Document filed by plaintiff EEOC titled: "Notice of Substitution of Counsel" Bobby C. Simpson, Acting Regional Attorney is substituting for Mindy E. Weinstein, Regional Attorney. (dh) (Entered: 08/11/2003)
Copy of Notice of Substitution to Carol to add attorney Bobby C. Simpson as counsel for plaitiff. (dh) (Entered: 08/11/2003)
16 Joint motion by EEOC to extend time for discovery & motion filing deadline , cs. Counsel for plaintiff consents. (dh) (Entered: 09/11/2003)
Motion(s) referred: referred [16-1] joint motion to extend time for discovery & motion filing deadline to USMJ William A. Webb. CASE FILE TO USMJ WEBB FOR CONSIDERATION. (dh) (Entered: 09/11/2003)
17 Amended Order on Scheduling by Magistrate William A. Webb setting Discovery cutoff 11/17/03 Deadline for filing of all motions 12/17/03 Trial date for this matter shall remain unchanged. ccys served 9/24/03. (dh) (Entered: 09/27/2003)

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11/22/2003
11/26/2003
11/26/2003 01/06/2004

Case submitted to: Judge Howard re: Proposed Consent Decree submitted by the parties. CASE FILE TO JUDGE HOWARD FOR CONSIDERATION. (dh) (Entered: 11/22/2003)
18 Consent judgment for EEOC against Channel Marker II - (see decree for details.) signed by Malcolm J. Howard, US Judge. ccys served. (dh) (Entered: 11/26/2003)
Case closed. Non-Permanent. (dh) (Entered: 11/26/2003)
Case file sent to Raleigh for storage. (ja) (Entered: 01/06/2004)

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