Case 5:06-cv-00118 Document 1 Filed 09/06/2006 Page 1 of 6

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

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

KAREMORE HEALTHCARE SERVICE, )

LLC d/b/a RIGHT AT HOME,

)

)

Defendant.

)

______________________________________ )

CIVIL ACTION NO. COMPLAINT JURY TRIAL DEMAND

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) and

retaliation and to provide appropriate relief to Starr C. Marlow who was adversely affected by

such practices. Specifically, Plaintiff United States Equal Employment Opportunity Commission

(the “Commission”) alleges that Defendant KareMore Healthcare Service, LLC d/b/a Right at

Home (“Defendant”) subjected Ms. Marlow to a sexually hostile work environment resulting in

her discharge. The Commission further alleges Defendant discharged Ms. Marlow in retaliation

for opposing practices she reasonably believed were in violation of Title VII of the Civil Rights

Act of 1964.

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

Case 5:06-cv-00118 Document 1 Filed 09/06/2006 Page 2 of 6
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 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.
PARTIES 3. Plaintiff Equal Employment Opportunity 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) and (3). 4. At all relevant times, Defendant has continuously been a North Carolina limited liability company doing business in the State of North Carolina and the County of Catawba, and has continuously had at least fifteen (15) 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, Starr C. Marlow filed a charge of discrimination with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. From on or about March 21, 2005 until on or about April 12, 2005, Defendant engaged in unlawful employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). Specifically, Defendant subjected Starr C. Marlow to sexual harassment that created a sexually hostile work environment based on her sex, female. The harassment
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Case 5:06-cv-00118 Document 1 Filed 09/06/2006 Page 3 of 6
included but was not limited to, unwelcome sexual comments and touching by a male individual at Ms. Marlow’s assigned work site. Although Ms. Marlow complained about the sexual harassment and Defendant otherwise knew or reasonably should have known about the sexual harassment, Defendant failed to take prompt and effective corrective action to end the sexual harassment. As a result, Ms. Marlow continued to be sexually harassed, which ultimately resulted in Ms. Marlow being discharged.
8. On or about April 12, 2005, Defendant engaged in unlawful employment practices in violation of Section 704(a) of Title VII, 42 U.S.C. §2000e-3(a), by discharging Ms. Marlow because she opposed the sexual harassment which she reasonably believed to be unlawful under Title VII. Ms. Marlow opposed the sexual harassment by: (i) making one or more verbal complaints; and (ii) engaging in conduct designed to protect herself from being physically touched by the male individual who was subjecting her to sexual harassment.
9. The effect of the practices complained of in paragraphs 7 and 8 above has been to deprive Ms. Marlow of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and because of her opposition to employment practices that she reasonably believed to be declared unlawful by Title VII.
10. The unlawful employment practices complained of in paragraphs 7 and 8 above were intentional.
11. The unlawful employment practices complained of in paragraphs 7 and 8 above were done with malice or with reckless indifference to the federally protected rights of Ms. Marlow.
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Case 5:06-cv-00118 Document 1 Filed 09/06/2006 Page 4 of 6
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 them, from engaging in sexual harassment and any other employment practice that discriminates on the basis of sex. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices. C. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with them, from discriminating against current or former employees based on their opposition to unlawful employment practices or employment practices which the employee reasonable believes to be declared unlawful by any statute enforced by the Commission. D. Order Defendant to make Starr C. Marlow whole 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 the unlawful employment practices described in paragraphs 7 and 8 above, including but not limited to reinstatement of Starr C. Marlow or an award of front pay. E. Order Defendant to make Starr C. Marlow whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above, including but not limited to job search expenses, in amounts to be determined at trial.
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Case 5:06-cv-00118 Document 1 Filed 09/06/2006 Page 5 of 6
F. Order Defendant to make Starr C. Marlow whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices complained of in paragraphs 7 and 8 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.
G. Order Defendant to pay Starr C. Marlow punitive damages for its malicious and reckless conduct described in paragraphs 7 and 8 above, in amounts to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper in the public interest.
I. 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 the 6th day of September 2006. 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
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Case 5:06-cv-00118 Document 1 Filed 09/06/2006 Page 6 of 6
/s/ Lynette A. Barnes LYNETTE A. BARNES Regional Attorney TINA BURNSIDE Supervisory Trial Attorney /s/ Kara Gibbon Haden KARA GIBBON HADEN Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Telephone: 704.344.6887 Facsimile: 704.344.6780 ATTORNEYS FOR PLAINTIFF
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 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

KAREMORE HEALTHCARE SERVICE, )

LLC d/b/a RIGHT AT HOME,

)

)

Defendant.

)

______________________________________ )

CIVIL ACTION NO. 5:06CV00118 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

KareMore Healthcare Service, LLC d/b/a Right at Home (“Defendant”) subjected Starr Marlow

to a sexually hostile work environment because of her sex, female, and discharged her in

retaliation for her opposition to the sexual harassment.

The Commission and 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

Commission’s 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 16 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against any person on the basis of sex or any other protected category within the meaning of Title VII. 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 damages in the amount of Two Thousand Five Hundred Dollars ($2,500.00) in settlement of the claims raised in this action. Defendant shall make payment by issuing a check payable to Starr Marlow. Payment shall be made within fifteen (15) days after the Court approves this Consent Decree, and Defendant shall mail the check to Ms. Marlow 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 Ms. Marlow. 4. Defendant agrees to provide a positive letter of reference, a copy of which is attached hereto as Appendix A, for Starr Marlow. In addition, if Defendant receives any inquiries regarding the employment of Ms. Marlow, in lieu of an oral response, Defendant shall provide a copy of the aforementioned letter. 5. Within ten (10) days of the entry of this decree by the Court, Defendant shall eliminate from the employment records of Starr Marlow any and all documents, entries, or
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references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge Number 140-2005-04745, and the related events that occurred thereafter. Within fifteen (15) days of the entry of this decree by the Court, Defendant shall report compliance with this provision to the Commission.
6. Within thirty (30) days of the entry of this Decree by the Court, Defendant shall revise its written anti-discrimination policy to include (1) a statement that it is against the law for anyone, including but not limited to clients, client family members, and employees, to sexually harass an employee, and (2) a statement that it is against the law to retaliate against an employee for reporting harassment and that Defendant will not retaliate against employees who report harassment. Defendant shall distribute to its current employees a copy of the revised policy within the aforementioned 30 day time period. Within forty-five (45) days of the entry of this Decree, Defendant shall report compliance to the Commission. During the term of this Decree, Defendant shall distribute the revised policy to all new employees and train all new employees on the policy at the time of hire.
7. During the term of this Decree, Defendant shall post a copy of its policy described in paragraph 6, supra, in each office it maintains in a place where it is visible to employees. Within forty-five (45) days after the Consent Decree is entered, Defendant will post its policy and notify the Commission that it has been posted. If a policy becomes defaced or unreadable, Defendant shall replace it by posting another copy of the policy.
8. During the term of this Decree, Defendant shall provide at least two training programs to all of its managers, supervisors and employees. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964, and its prohibition against sexual harassment and retaliation in the workplace. Each training program
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shall also include an explanation of Defendant’s policy referenced in paragraph 6, supra, and an explanation of the rights and responsibilities of employees and managers under the policy.
The first training program shall be completed within sixty (60) days after entry of the decree by the Court. The second training program shall be conducted approximately two years after the first. Within ten (10) days after completion of each training program, Defendant shall certify to the Commission that the training was completed.
9. 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 Appendix B, hereby made a part of this Decree, in a place where it is visible to employees at its facilities. If a 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.
10. During first two (2) years of the term of this Consent Decree, Defendant shall provide the Commission with reports at six (6) month intervals, with the first being due six (6) months after approval by the Court of this Decree. The reports will include the following information:
A. the identities of all individuals who have reported or complained of sexual harassment or sexual conduct, including by way of identification each person’s name, last known telephone number and address, social security number, and job title;
B. for each individual identified in 10.A. above, provide a detailed description of the individual’s report/complaint and what action, if any, Defendant took in response to the report/complaint;
C. for each individual identified in 10.A. above, explain whether the individual’s employment status has changed in any respect (for example,
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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 10.C. above, provide 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 the Commission a “negative” report indicating no activity. 11. The Commission may review compliance with this Decree. As part of such review, the Commission may inspect Defendant’s facilities, interview employees and examine and copy documents. 12. If anytime during the term of this Decree, the Commission believes that the Defendant is in violation of the Decree, the Commission shall give notice of the alleged violation to the Defendant. The Defendant shall have ten (10) days in which to investigate and respond to the allegations. Thereafter, the Commission and the Defendant shall have a period of ten (10) 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. 13. The term of this Decree shall be for four (4) years from its entry by the Court. 14. 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. 15. Each party shall bear its own costs and attorney’s fees. 16. 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. The Decree shall expire by its own terms at the end of four (4) years without further action by the parties.
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IT IS SO ORDERED.

Signed: February 27, 2007

The parties jointly request that the Court approve and enter the Consent Decree:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff

KAREMORE HEALTHCARE SERVICE, LLC d/b/a RIGHT AT HOME, Defendant

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 (NC Bar No. 19732) Email: lynette.barnes@eeoc.gov

s/ Stephen L. Palmer FORREST A. FERRELL, Esq. (NC Bar No. 1439) Email: forrest.ferrell@sigmonclark.com STEPHEN L. PALMER, Esq. (NC Bar No. 24455) Email: stephen.palmer@sigmonclark.com Sigmon, Clark, Mackie, Hutton, Hanvey & Ferrell Post Office Drawer 1470 Hickory, NC 28603 Telephone: 828.328.2596 Facsimile: 828.324.1643

TINA BURNSIDE Supervisory Trial Attorney (WI Bar No. 1026965) Email: tina.burnside@eeoc.gov

s/ Kara Gibbon Haden KARA L. GIBBON HADEN Senior Trial Attorney (NC Bar No. 26192) Email: kara.haden@eeoc.gov Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Telephone: 704.344.6887 Facsimile: 704.344.6780

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[Defendant’s letterhead] [Date]

Appendix A

TO WHOM IT MAY CONCERN:
We are pleased to provide the following reference on behalf of our former employee, Starr C. Marlow.
Ms. Marlow was employed by Karemore Healthcare Service, LLC d/b/a Right at Home as an In-Home Aide between February 23, 2005 and April 12, 2005. Her ending salary was $______ per hour. Ms. Marlow was a reliable employee who possesses skills as an InHome Aide.
We hope that this information about Ms. Marlow is helpful to you in considering her for employment.
Sincerely,

[Typed name of company president] President, Karemore Healthcare Service, LLC

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

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

Plaintiff,

)

)

v.

)

)

KAREMORE HEALTHCARE SERVICE, )

LLC d/b/a RIGHT AT HOME,

)

Defendant.

)

______________________________________ )

CIVIL ACTION NO. 5:06CV00118
EMPLOYEE NOTICE

1. This Notice is posted pursuant to an agreement between the U.S. Equal Employment Opportunity Commission and KareMore Healthcare Service, LLC d/b/a Right at Home (“Right at Home”).

2. Federal law requires that employers not discriminate against any employee or applicant for employment because of the individual’s race, color, religion, sex, national origin, age (40 or older) or disability. Federal law also prohibits retaliation against employees because they have opposed unlawful employment discrimination, or because they gave testimony or assistance in or participated in an employment discrimination investigation, proceeding, or hearing, or otherwise asserted their rights under the laws enforced by the EEOC.

3. Right at Home will comply with such federal laws in all respects. Furthermore, Right at Home will not take any actions against employees because they have exercised their rights, reported an alleged violation under the law or given testimony, assistance or 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. An employee may contact their local U. S. Equal Employment Opportunity Commission field office for the purpose of filing a charge of employment discrimination. To locate the nearest field office, contact:

Equal Employment Opportunity Commission 1801 L Street, N.W.
Washington, DC 20507 TEL: 1-800-669-4000 TTY: 1-800-669-6820

This Notice will remain posted for at least four (4) years by agreement with the U.S. Equal Employment Opportunity Commission. DO NOT REMOVE THIS NOTICE UNTIL: ________________________, 2011.
APPENDIX B

 
 CM/ECF - LIVE DATABASE - NCWD - Docket Report

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CLOSED, CONSENT
U.S. District Court Western District of North Carolina (Statesville) CIVIL DOCKET FOR CASE #: 5:06-cv-00118

Equal Employment Opportunity Commission v. KareMore Healthcare Services, LLC Assigned to: Carl Horn, III Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/06/2006 Date Terminated: 02/27/2007 Jury Demand: Defendant Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Kara Gibbon Haden Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, NC 28202 704.344.6887 Fax: 704.344.6780 Email: kara.haden@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
KareMore Healthcare Service, LLC doing business as Right at Home

represented by Stephen Lee Palmer Sigmon, Clark, Mackie, Hutton, Hanvey & Ferrell, PA P. O. Drawer 1470 Hickory, NC 28603 828-328-2596 Fax: 828-324-1643 Email: stephen.palmer@sigmonclark.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/06/2006

#

Docket Text

1 COMPLAINT against KareMore Healthcare Service, LLC, filed by Equal Employment Opportunity Commission.(Haden, Kara) Modified on 9/6/2006 (Bouchard, Carolyn) to correct spelling of dft's name. (Entered: 09/06/2006)

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CM/ECF - LIVE DATABASE - NCWD - Docket Report

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09/06/2006 09/07/2006 09/27/2006 09/27/2006 09/27/2006 01/10/2007
01/10/2007 02/27/2007

Case Assigned to Judge Richard Voorhees and referred to Mag Judge Carl Horn, III. This is your only notice - you will not receive a separate document.(cbb) (Entered: 09/06/2006)
3 REQUEST FOR WAIVER of Service sent to Registered Agent for KareMore Healthcare Service, LLC on September 7, 2006 by Equal Employment Opportunity Commission. (Haden, Kara) (Entered: 09/07/2006)
4 ANSWER to Complaint by KareMore Healthcare Service, LLC.(Palmer, Stephen) (Entered: 09/27/2006)
6 Corporate Disclosure Statement by KareMore Healthcare Service, LLC (Palmer, Stephen) (Entered: 09/27/2006)
Case reassigned to Judge Carl Horn, III. This is your only notice - you will not receive a separate document.(jhg) (Entered: 09/27/2006)
7 Joint MOTION for Extension of Time to Conduct Rule 26(f) Conference by Equal Employment Opportunity Commission, KareMore Healthcare Service, LLC.Responses due by 1/29/2007 (Attachments: # 1 Proposed Order Granting Enlargement of Time)(Haden, Kara) (Entered: 01/10/2007)
8 ORDER granting 7 Motion for Extension of Time to 2/2/07 to conduct Rule 26(f) attys' conference. Signed by Judge Carl Horn III on 1/10/2007. (cbb) (Entered: 01/10/2007)
9 CONSENT DECREE. Signed by Judge Carl Horn III on 2/27/2007. (cbb) (Entered: 02/27/2007)

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