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

EQUAL EMPLOYMENT

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OPPORTUNITY COMMISSION,

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Plaintiff,

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QUALITY SPRINKLER CO., INC.,

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Defendant.

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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 race (Black), and to provide appropriate relief to Corey D. Hedrick who was adversely affected by such practices. As discussed more fully below, the Equal Employment Opportunity Commission contends that the Defendant, Quality Sprinkler Co., Inc., subjected Corey D. Hedrick to racial harassment.
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 Sections 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 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, 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 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, Quality Sprinkler Co., Inc. ("Defendant"), has continuously been a North Carolina corporation doing business in the state of North Carolina and the city of Charlotte, and has continuously had at least 15 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 6. More than thirty days prior to the institution of this lawsuit, Corey D. Hedrick 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. Since at least June 1999, Defendant has 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 Corey D. Hedrick to racial harassment by maintaining a hostile work environment, created by his supervisor, based on his race (Black). The racial harassment included racially derogatory comments, name-calling and physical abuse. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Corey D. Hedrick of equal employment opportunities and otherwise adversely affect his status as an employee, because of his race.

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 Corey D. Hedrick.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Quality Sprinkler Co., Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in racial harassment of Black employees, and any other employment practice which discriminates on the basis of race. B. Order Defendant Quality Sprinkler Co., Inc. to institute and carry out policies, practices, and programs which provide equal employment opportunities for Black employees, and which eradicate the effects of its past unlawful employment practices. C. Order Defendant Quality Sprinkler Co., Inc., to make whole Corey D. Hedrick, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including medical expenses, in amounts to be determined at trial. D. Order Defendant Quality Sprinkler Co., Inc., to make whole Corey D. Hedrick by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation and loss of self-esteem, in amounts to be determined at trial. E. Order Defendant Quality Sprinkler Co., Inc. to pay Corey D. Hedrick punitive damages for its 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. O. 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 YOKING REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
MINDY
B( EQU 129 W Trade Street, Suite 400
NC 28202 704.344.6887
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OPPORTUNITY COMMISSION,

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Plaintiff,

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CIVIL ACTION NO. 3:0ICV553-V

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v.

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QUALITY SPRINKLER, INC.,

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CONSENT DECREE

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Defendant.

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

action pursuant to Section 706(f)(1) and (3) ofTitie 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 Defendant Quality Sprinkler, Inc, ("Defendant") (collectively "the

Parties") stipulate to jurisdiction of the Court over them and agree that the subject matter of this

action is properly before the Court,

The parties have advised the Court that they desire to resolve this action, without

admitted liability, to avoid the burden, expense, and delay of contested litigation,

It is therefore the finding of this Court, made on the pleadings and the record as a whole,

that: (I) 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 Consent Decree resolves all matters in controversy between the Parties as

provided in paragraphs 1 through 12 below.

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It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against any employee on the basis of race or any other protected category within the meaning ofTitle 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 ofthe Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967 or the Equal Pay Act of 1963, or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under any of the foregoing statutes. 3. Defendant shall pay Corey D. Hedrick the sum offorty thousand three hundred fifty dollars ($40,350.00), in settlement of the claims raised on his behalf in this action. Defendant shall make payment by issuing a check payable to Corey D. Hedrick. Payment shall be made within fifteen (15) days after entry of this Consent Decree by the Court, and Defendant shall mail the check to Mr. Hedrick at the address provided by the Commission. Within ten (10) days after the check has been sent, Defendant shall mail to Mindy E. Weinstein, Regional Attorney, Equal Employment OppOliunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the check and proof of its delivery to Corey D. Hedrick. 4. Defendant shall maintain an anti-harassment policy and distribute said policy to all employees, including any employees hired after the initial distribution during the term of this Consent Decree. Defendant shall be considered in compliance with this paragraph by distributing copies of the anti-harassment sections of the current version of its Employee Handbook, along with a copy of the attached Exhibit A, to all current employees. New employees shall be shown the operative language in the Employee Handbook during their orientation.
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5. Defendant shall initiate a training program involving all ofits managers and supervIsors. This training program shall include an explanation of the requirements ofTitle VII of the Civil Rights Act of 1964, and its prohibition against race discrimination in the workplace. The 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 training program shall be completed within ninety (90) days after entry of this Consent Decree by the Court. Within ten (10) days after completion of the training progran1, Defendant shall certify to the Commission the specific training that was undertaken and shall provide the Commission with a roster of all employees in attendance.
6. During the telln of this Consent Decree, Defendant shall conspicuously post the attached Employee Notice ("the Notice"), marked Exhibit A, hereby made a part of this Consent Decree, in a place where it is visible to all employees. Defendant shall also distribute a copy of the Notice to each employee. New employees shall receive a copy of the Notice in their initial employment package.
7. Defendant agrees to provide the Commission with semi-annual reports during the tern1 of this Consent Decree. The reports shall include the following infonnation: (a) the identities of all individuals who have complained of racial harassment at any of Defendant's North Carolina facilities including by way of identification each person's name, race, position and social security number; (b) a detailed statement ofthe individual's complaint; (c) the identity ofthe alleged discriminator; and (d) what action was taken in response to the individual's complaint. Defendant shaH submit the reports to the Commission four (4) months after the date of entry of this Consent Decree and every six (6) months thereafter during the tenn of this Decree.
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8. Defendant agrees that the Commission may monitor compliance with this Consent Decree. As a part of such agreement, the Commission may, upon reasonable notice to Defendant, inspect the premises of Defendant's North Carolina facilities and job sites, interview employees and examine and copy documents.
9. If at anytime during the telm of this Consent 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 twenty (20) 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.
10. The term of this Consent Decree shall be for three (3) years from its entry by the Court.
11. The Parties shall each bear their own costs and attorney's fees. 12. This Court shall retain jurisdiction of this action for purposes of monitoring compliance with this Consent Decree and entry of such further orders as may be necessary or appropriate.

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(1Uctge, u.s. District Court

Western District of North Carolina

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

This the :f ~ay of 't~2003.

This the 25 day of January 2003.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

QUALITY SPRINKLER, INC.

GWENDOLYN YOUNG REAMS Associate General Counsel

JAMES, MCELROY& DIEHL, PA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
u · . d ~ By: ~ vI'!:. EINSTEIN
Regional Attorney 129 West Trade Street, Suite 400 Charlotte, NC 28202 Telephone 704.344.6876 Facsimile 704.344.6780

By,

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.FENNE

600 South College Street

Charlotte, NC 28202

Telephone 704.372.9870

Facsimile 704.333.5508

By:
Trial Attorney 129 West Trade Street, Suite 400 Charlotte, N.C. 28202 Telephone 704.344.6886 Facsimile 704.344.6780

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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.
Quality Sprinkler, Inc. ("Quality Sprinkler") supports and will comply with such federal law in all respects and will not discriminate against any employee because of their race. Additionally, Quality Sprinkler will not take any action against employees because of their race, color, sex, religion, national origin, disability or age, or because they have exercised their rights under the law.
Quality Sprinkler has adopted an equal employment opportunity policy and will ensure that all management, supervisors, and other employees abide by the requirements of that policy.
If you believe that you have been discriminated against, you should report the discriminatory conduct promptly to Quality Sprinkler.

Date

for Quality Sprinkler, Inc.

EXHIBIT A

rIb United States District Court
for the Western District of North Carolina
February II, 2003
* * MAILING CERTIFICATE OF CLERK * *
Re: 3:01 cv 00553
True and correct copies of the attached were mailed by the clerk to the following:
Gwendolyn Young Reams, Esq. Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507 Mindy E. Weinstein, Esq. Equal Employment Opportunity Commission 129 W. Trade St. Suite 400 Charlotte, NC 28202 2799 Arden Lynn Achenberg, Esq. Equal Employment Opportunity Commission 129 W. Trade st. Suite 400 Charlotte, NC 28202 2799 Kirk J. Angel, Esq. Equal Employment Opportunity Commission 129 West Trade St. Suite 400 Charlotte, NC 28202-2799 Richard B. Fennell, Esq. James, McElroy & Diehl 600 S. College St. Charlotte, NC 28202
-_._ _.. ..

cc: Judge Magistrate Judge
u.s. Marshal
Probation
u.s. Attorney
At ty. for Deft. Defendant Warden Bureau Prisons Court Reporter Courtroom Deputy Orig-Security Bankruptcy Clerk's Ofc. Other__~~~______~_
Date: :--CJ-.~-'-'-"--_

Frank G. Johns, Clerk

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 CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?613889515739594-L_...

U.S. District Court Western District of North Carolina (Charlotte) CIVIL DOCKET FOR CASE #: 3:01-cv-00553

CLOSED, MAG

EEOC v. Quality Sprinkler Co Assigned to: Richard Voorhees Referred to: Magistrate Judge H. Brent McKnight Demand: $0 Cause: 42:2000ra Job Discrimination (Race)

Date Filed: 09/28/2001 Date Terminated: 04/15/2003 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Arden Lynn Achenberg Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bobby C. Simpson Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202 704-334-6885 TERMINATED: 01/30/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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V. Defendant Quality Sprinkler Co., Inc.

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
Mindy E. Weinstein Equal Employment Opportunity 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 B Fennell James, McElroy & Diehl 600 S. College Street Charlotte, NC 28202 704-372-9870 Fax: 704-333-5508 Email: rfennell@jmdlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/28/2001 10/01/2001 10/24/2001
11/29/2001 11/29/2001

#

Docket Text

1 COMPLAINT (former emp) (Entered: 10/01/2001)
2 CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - consent (former emp) (Entered: 10/04/2001)
3 WAIVER OF SERVICE Returned Executed as to Quality Sprinkler Co 10/1/01 Answer due on 11/30/01 for Quality Sprinkler Co (former emp) (Entered: 10/25/2001)
4 ANSWER to Complaint by Quality Sprinkler Co (Attorney Richard B. Fennell),; jury demand (former emp) (Entered: 11/29/2001)
5 Disclosure of Corporate Affiliations other entities with a direct financial interest in litigation by Quality Sprinkler Co (former emp) (Entered: 11/29/2001)

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11/29/2001 11/29/2001 11/29/2001 01/10/2002 01/16/2002
02/06/2002
05/09/2002
09/20/2002 10/10/2002 11/26/2002 12/23/2002 01/07/2003 01/07/2003 01/08/2003 01/08/2003 01/10/2003 01/30/2003 02/11/2003

6 CONSENT/REFUSAL to Magistrate Jurisdiction by Quality Sprinkler Co refusal (former emp) (Entered: 11/29/2001)
7 CASE reassigned to Judge Richard L. Voorhees - notice of reassignment mailed to parties. (former emp) (Entered: 11/29/2001)
CASE REFERRED to Magistrate Judge H. B. McKnight (former emp) (Entered: 11/29/2001)
8 Certificate of I.A.C. by plaintiff EEOC, defendant Quality Sprinkler Co (former emp) (Entered: 01/10/2002)
9 INITIAL PRETRIAL ORDER Discovery deadline is 9/16/02 Motion filing deadline is 10/15/02 Report of Mediator due: 10/15/02 Jury Trial set for 9:30 1/27/03 before Judge Richard L. Voorhees ETT: 5 days ( signed by Magistrate Judge H. B. McKnight ) (bsw) (Entered: 01/22/2002)
10 ORDER, reset Jury Trial for 9:30 1/21/03 before Judge Richard L. Voorhees ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 2/8/02] (former emp) (Entered: 02/08/2002)
11 CONSENT PROTECTIVE ORDER ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 5/10/02] cc: attys of record (cbb) (Entered: 05/10/2002)
12 CONSENT ORDER, for Protective Order ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 9/23/02] (former emp) (Entered: 09/23/2002)
13 NOTICE by Quality Sprinkler Co to take deposition of Dr. Richard D. McAnulty (former emp) (Entered: 10/11/2002)
14 NOTICE by Quality Sprinkler Co to take deposition of Jennifer Hendrick (former emp) (Entered: 11/26/2002)
15 NOTICE by Quality Sprinkler Co to take deposition of Donald J. Riek (clc) (Entered: 12/30/2002)
16 Proposed issue by EEOC (former emp) (Entered: 01/08/2003)
17 JOINT STIPULATION by EEOC, Quality Sprinkler Co Pursuant to Pre-Trial Order () (former emp) (Entered: 01/08/2003)
19 NOTICE of Appearance for EEOC by Arden Lynn Achenberg (former emp) (Entered: 01/09/2003)
20 NOTICE of Appearance for EEOC by Kirk J. Angel (former emp) (Entered: 01/09/2003)
21 Proposed issue by EEOC, Quality Sprinkler Co (former emp) (Entered: 01/10/2003)
22 NOTICE of withdrawal of attorney Bobby C. Simpson by EEOC (former emp) (Entered: 01/30/2003)
23 CONSENT DECREE by plaintiff EEOC, defendant Quality Sprinkler Co Signed by Hon. Judge Richard L. Voorhees (former emp) (Entered: 02/11/2003)

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04/15/2003

Case closed (bsw) (Entered: 04/15/2003)

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