IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
GREENSBORO DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

)

Plaintiff, )

)

v.

)

)

MOLL INDUSTRIES, INC.

)

)

Defendant

)

____________________________________)

Civil Action No. 1:06CV836
C O M P L A I N T JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I

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

female/pregnancy, and to provide appropriate relief to Jessica R. Dix who was adversely affected

by such practices. The Commission alleges that Defendant, Moll Industries, Inc. discriminated

against Ms. Dix by terminating her because of her pregnancy, as alleged with greater particularity

herein.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 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. Section 2000e-5(f)(1) and

(3) (“Title VII”) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981(A)(1).

2. The unlawful employment practices alleged below were committed within the

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

PARTIES

3. Plaintiff, Equal Employment Opportunity Commission (the “Commission”), is an

agency of the United States of America charged with the administration, interpretation and

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enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3), 42 U.S.C., Section 2000e-5(f)(1) and (3).
4. At all relevant times, Defendant, Moll Industries, Inc. (“Defendant”), has continuously been a Delaware corporation doing business in the State of North Carolina and the County of Randolph, 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 Section 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Jessica Dix filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about October 7, 2005, Defendant engaged in an unlawful employment practice at its Seagrove, North Carolina facility, in violation of Section 703(a) of Title VII, 42 U.S.C. Section 2000e-2. Specifically, Defendant hired Jessica Dix to work at Defendant’s Seagrove facility through a staffing agency. When Ms. Dix reported for work on or about Oct.7, 2005, she was approximately 29 weeks pregnant. Ms. Dix began work at the facility, but was discharged approximately one hour later due to her pregnancy. At the time of her termination, Ms. Dix was fully qualified and able to perform the duties of the job she was hired to perform. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Jessica Dix of equal employment opportunities and otherwise adversely affect her status as an employee based on her sex (female), specifically on the basis of her pregnancy. 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
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done with malice or with reckless indifference to the federally protected rights of Ms. Dix. 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 engaging in any employment practices which discriminate on the basis of sex or pregnancy. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, which eliminate pregnancy-based discrimination, and which eradicate the effects of Defendant’s past and present unlawful employment practices. C. Order Defendant to make whole Jessica Dix by providing appropriate back pay with prejudgment interest, in amounts to be proven at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices described above. D. Order Defendant to make whole Jessica Dix 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 to make whole Jessica Dix by providing compensation for nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including past and future emotional pain and suffering, humiliation, embarrassment, anxiety, inconvenience, loss of enjoyment of life, and loss of civil rights in amounts to be determined at trial. F. Order Defendant to pay Jessica Dix punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial. G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
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JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised in the complaint.
Respectfully submitted,
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
/s/ Lynette A. Barnes LYNETTE A. BARNES Regional Attorney Charlotte District Office 129 W. Trade Street, Suite 400 Charlotte, N.C. 28202
_/s/ Tracy Hudson Spicer_________ TRACY HUDSON SPICER Supervisory Trial Attorney Washington Field Office
/s/ Stacey Turner Caldwell STACEY TURNER CALDWELL Senior Trial Attorney, VSB # 35609 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Richmond Local Office 830 East Main Street, Suite 600 Richmond, Virginia 23219 (804)771-2214 (804) 771-2222 facsimile
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 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
GREENSBORO DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

MOLL INDUSTRIES, INC.

)

)

Defendant.

)

)

Civil Action No.: 1:06CV836 CONSENT DECREE

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’s Complaint alleged that Defendant discriminated against Jessica Dix on the basis of sex, female/pregnancy, by terminating her from its Seagrove, North Carolina facility because of her pregnancy. Defendant denies the allegations asserted in the Complaint.
The Commission and the Defendant, Moll Industries, 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, and that the entry of this Consent Decree does not constitute an admission of liability by any party, or disavowal of such allegations by the EEOC.
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
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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 14 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against any person on the basis of sex, female/pregnancy within the meaning of Title VII. 2. Defendant shall pay Jessica Dix the sum of Twenty Thousand and No/100 Dollars ($20,000.00) minus required withholdings, in full and final settlement of the claims raised in the Complaint or which could have been raised by the EEOC in this action, or which were raised in the EEOC Charge filed by Ms. Dix. Defendant shall make payment by issuing a check payable to Jessica Dix. Payment shall be made within fifteen (15) days after the Court approves this Consent Decree, and Defendant shall mail the check to Ms. Dix at an address provided by the Commission. Within ten (10) days after the check has been sent, Defendant shall mail to Lynette A. Barnes, Regional Attorney, 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 Jessica Dix. 3. Within ten (10) days of the entry of this decree by the Court, Defendant shall eliminate from the employment records of Jessica Dix 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 145-2006-00061 and the related events that occurred thereafter. This provision does not pertain to Defendant’s documents received from, or sent to, the EEOC or the Court regarding this matter which may be kept in a separate legal file. Within fifteen (15) days of the entry of this decree by the Court, Defendant shall report compliance with this provision to the EEOC.
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4. Within thirty (30) days of the entry of this decree, Defendant shall revise its policies at its Seagrove facility addressing sex discrimination to explicitly prohibit discrimination on the basis of pregnancy in all terms and conditions of employment and decisions with regard to employment status including hire, promotion, retention, demotion, transfer, and discharge. Defendant shall further revise its non-discrimination policies to explicitly prohibit retaliation for protected activity. Policy language shall include an explanation of procedures for reporting discrimination and a procedure for the thorough and immediate investigation of employee complaints of discrimination. Within the aforementioned thirty (30) day time period, Defendant shall distribute a written copy of its revised policy to all current employees. During the term of this Decree, Defendant shall distribute the policy to all new employees at its Seagrove facility and review it with them at the time of hire.
5. During the term of this decree, Defendant shall, within thirty (30) days, post a copy of the policy described in paragraph 4, supra, in its Seagrove, North Carolina facility in a place where it is visible to all employees. If the policy becomes defaced or unreadable, Defendant shall replace it by posting another copy of the policy. Within forty-five (45) days after the Consent Decree is entered, Defendant will notify the EEOC that it has been posted.
6. During the term of this Decree, Defendant shall provide an annual training program to all of its managers, supervisors and employees in the Seagrove, North Carolina facility. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964 and its prohibition against retaliation in the workplace. Each training program shall specifically address pregnancy discrimination as a form of prohibited sex discrimination. Each training program shall also include an explanation of Defendant’s policy referenced in paragraph 6 above, and an explanation of the rights and responsibilities of employees and managers under the policy. Each training program shall include practical
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guidelines on preventing and reporting discrimination with examples of the types of conduct prohibited by Title VII, including examples regarding pregnancy discrimination.
The first training program shall be completed within one hundred (100) 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 will notify the Commission of the scheduled training program and the inclusion of the topics referenced above. (Other topics may also be included in such training programs.) Within ten (10) days after completion of each training program, Defendant shall certify to the Commission that specific training on the topics referenced above was undertaken and shall provide the Commission with a roster of all employees in attendance.
7. 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 of this Decree, in a place where it is visible to employees at its Seagrove, North Carolina facility. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice. Within forty-five (45) days after entry of this Decree, Defendant shall notify the Commission that the Notice has been posted pursuant to this provision.
8. During the term of this Consent Decree, Defendant shall provide the Commission with reports at six (6) month intervals, with the first being due four (4) months after approval by the Court of this Decree. The reports will include the following information pertaining to Defendant’s Seagrove facility from the date of entry of this Consent Decree:
A. The identities of all individuals who have complained of sex, female/pregnancy discrimination, including by way of identification
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each person’s name, address, telephone number, position, and social security number; B. All steps taken by Defendant to investigate and address identified complaints of sex, female/pregnancy discrimination, procedures followed in investigation of the complaints, and the outcome of such investigations; C. for each individual identified in 8.A. above, explain whether the subject individual’s employment status has changed in any respect (for example, including but not limited to, termination, firing, demotion, promotion, or to part-time from full-time); and D. for each individual whose employment status has changed as identified in 8.C. above, a detailed statement explaining why the individual’s employment status has changed. In the event there is no activity to report pursuant to this paragraph, Defendant shall send EEOC a “negative” report indicating no activity. 9. The Commission may review Defendant’s compliance with this Decree with respect to its Seagrove, North Carolina facility. As part of such review during the term of this Decree, the Commission may inspect Defendant’s Seagrove, North Carolina facility, interview employees and examine and copy documents. 10. If anytime during the term of this Decree, the Commission believes that Defendant’s Seagrove facility is in violation of the Decree, the Commission shall give notice of the alleged violation of the Decree to Defendant. The notice shall be reasonably specific in detail to allow Defendant to investigate and respond to the alleged violation. Defendant shall have ten (10) business days in which to investigate and respond to the allegations. Thereafter,
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the parties shall then have a period of ten (10) business days or such additional period as may be agreed upon by them, in which to engage in negotiation regarding such allegations before the Commission exercises any remedy provided by law.
11. The term of this Decree shall be for two (2) years from its entry by the Court. 12. All reports or other documents sent to the Commission by Defendant pursuant to this Decree shall be sent to: Lynette A. Barnes, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202. 13 Each party shall bear its own costs and attorney’s fees. 15. 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. Subject to enforcement of this Decree, the above-referenced lawsuit is hereby dismissed. This the 20th day of April, 2007.
United States District Judge
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The parties jointly request that the Court approve and enter the Consent Decree: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ Lynette A. Barnes LYNETTE A. BARNES Regional Attorney 129 West Trade Street, Suite 400 Charlotte, N.C. 28202
/s/ Tracy Hudson Spicer TRACY HUDSON SPICER Supervisory Trial Attorney Washington Field Office 1801 L Street, N.W., Suite 100 Washington, D.C. 20507
/s/ Stacey Turner Caldwell STACEY TURNER CALDWELL Senior Trial Attorney, VSB # 35609 830 East Main Street, Suite 600 Richmond, Virginia 23219 (804)771-2214 (804) 771-2222 facsimile
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MOLL INDUSTRIES, INC., Defendant /s/ Jonathan C. Wilson JONATHAN C. WILSON Haynes and Boone, LLP 901 Main Street, Suite 3100 Dallas, Texas 75202-3789 /s/ R. Thompson Wright R. THOMPSON WRIGHT Hill Evans Jordan & Beatty P.O. Box 989 Greensboro, N.C. 27402
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18AG, CLOSED, SO30
U.S. District Court North Carolina Middle District (Durham) CIVIL DOCKET FOR CASE #: 1:06-cv-00836-JAB-RAE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. MOLL INDUSTRIES, INC. Assigned to: CHIEF JUDGE JAMES A. BEATY, JR Referred to: MAG/JUDGE RUSSELL A. ELIASON Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/26/2006 Date Terminated: 04/20/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by STACEY T. CALDWELL U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION RICHMOND LOCAL OFFICE 830 E. MAIN ST., STE. 600 RICHMOND, VA 23219 804-771-2214 Fax: 804-771-2222 Email: stacey.caldwell@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant MOLL INDUSTRIES, INC.

represented by R. THOMPSON WRIGHT HILL EVANS DUNCAN JORDAN & BEATTY, PLLC POB 989 GREENSBORO, NC 27402 336-379-1390 Fax: 336-379-1198 Email: tom.wright@hillevans.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/26/2006

# Docket Text
1 COMPLAINT against MOLL INDUSTRIES, INC., filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(CALDWELL, STACEY) (Entered: 09/26/2006)

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09/26/2006 09/26/2006 12/13/2006
12/13/2006 01/18/2007 01/18/2007 01/31/2007 02/14/2007 02/14/2007 02/14/2007 03/05/2007 04/06/2007 04/10/2007 04/18/2007 04/19/2007 04/20/2007

2 CIVIL COVER SHEET, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(CALDWELL, STACEY) (Entered: 09/26/2006)
CASE REFERRED to Standing Order 30 (McClain, Abby) (Entered: 09/26/2006)
3 MOTION for Extension of Time to File Answer re 1 Complaint by MOLL INDUSTRIES, INC. Responses due by 1/5/2007 (Attachments: # 1 Exhibit Letter confirming extension agreement# 2 Text of Proposed Order Order allowing Extension)(WRIGHT, R.) (Entered: 12/13/2006)
ORDER granting 3 Motion for Extension of Time to Answer for MOLL INDUSTRIES, INC. Answer due by 1/19/2007. Signed by John Brubaker, Clerk of Court, on 12/13/06. (BRUBAKER, JOHN) (Entered: 12/13/2006)
4 MOTION for Extension of Time to File Answer re 1 Complaint by MOLL INDUSTRIES, INC..Responses due by 2/12/2007 (Attachments: # 1 Text of Proposed Order Order Extending Time to File Answer)(WRIGHT, R.) (Entered: 01/18/2007)
ORDER granting 4 Motion for Extension of Time to Answer for MOLL INDUSTRIES, INC. Answer due by 2/18/2007. Signed by John Brubaker, Clerk of Court, on 01/18/06. (BRUBAKER, JOHN) (Entered: 01/18/2007)
5 Notice to Parties RE: SO30. Responses due by 3/5/2007 (McCarty, Dianne) (Entered: 01/31/2007)
6 MOTION for Extension of Time to File Answer re 1 Complaint by MOLL INDUSTRIES, INC..Responses due by 3/9/2007 (Attachments: # 1 Text of Proposed Order)(WRIGHT, R.) (Entered: 02/14/2007)
***Motions Referred: 6 MOTION for Extension of Time to File Answer re 1 Complaint to Judge RUSSELL A. ELIASON - (McCarty, Dianne) (Entered: 02/14/2007)
7 ORDER signed by Judge RUSSELL A. ELIASON on 2/14/07 granting 6 Motion for Extension of Time to Answer by MOLL INDUSTRIES, INC.Answer due by 3/2/2007. (Dickerson, Nancy) (Entered: 02/15/2007)
Case Reported Settled by Attorney Wright, counsel for deft. Dismissal due by 4/4/2007. (Powell, Gloria) (Entered: 03/06/2007)
Telephone Notice on 4/6/2007 from Attorney Caldwell, counsel for EEOC: Motion for Dismissal/Consent Decree forthcoming from counsel for defendant. (Powell, Gloria) (Entered: 04/06/2007)
8 Consent MOTION to Dismiss and for Entry of Consent Decree by MOLL INDUSTRIES, INC. Responses due by 5/3/2007 (Attachments: # 1 Text of Proposed Order Consent Decree)(WRIGHT, R.) (Entered: 04/10/2007)
Case Reassigned to Judge JAMES A. BEATY, JR. Judge UNASSIGNED no longer assigned to the case. (Powell, Gloria) (Entered: 04/18/2007)
***Motions Submitted: 8 Consent MOTION to Dismiss and for Entry of Consent Decree to Judge JAMES A. BEATY JR. (Kemp, Donita) (Entered: 04/19/2007)
9 ORDER signed by Judge JAMES A. BEATY JR. on 4/20/07 granting 8 Motion to Dismiss and Entry of Consent Decree as set out in the body of the document. (Dickerson, Nancy) (Entered: 04/20/2007)

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