FILED

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

.IUL 2 5 2003

CHARLESTON DIVISION

l_A"ffRl’ ~. PR’~’I~E~; ~ERK

U. S. DISTRICT COURT

EQUAL EMPLOYMENT OPPORTUNITY

)

CIVIL ACTION NO.

COMMISSION,

) )

2 ’0 3-2 448-1

Plaintiff,

)

)

)

COMPLAINT

J. W. ALUMINUM COMPANY,

)

(JURY TRIAL DEMANDED)

)

)

Defendant.

)

)

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, and to provide

appropriate relief to Reginald Kelly and similarly situated African-American employees who

were adversely affected by such practices. The Equal Employment Opportunity Commission

(the "EEOC") alleges that Reginald Kelly, an African-American who was employed by

Defendant an a equipment operator, and similarly situated African-American employees, were

subjected to a racially hostile working environment at Defendant’s Goose Creek, South Carolina,

facility, and all were adversely affected by such practices.

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(0(1) and (3) of

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

and (3), 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 District of South Carolina, Charleston 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(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, J. W. Aluminum Company (the "Employer"), has continuously been a Delaware corporation doing business in the State of South Carolina and the City of Goose Creek, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer 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, Reginald Kelly filed a charge with the EEOC alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least 1995, Defendant Employer has engaged in unlawful employment practices at its Goose Creek facility, in violation of Section 703 of Title VII, 42 U.S.C. § 2000e-2, as follows: African-American employees of Defendant were subjected to racial harassment including racially derogatory graffiti and racial slurs. 8. The effect of the practice(s) complained of in paragraph 7 above has been to

deprive Reginald Kelly and similarly situated African-American employees who worked at Defendant’s Goose Creek, South Carolina, facility, of equal employment opportunities and to otherwise adversely affect their status as employees because of their race, African-American.
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 Reginald Kelly and similarly situated African-American employees who worked at Defendant’s Goose Creek, South Carolina, facility.
PRAYER FOR RELIEF Wherefore, the EEOC respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in racial harassment and any other employment practice which discriminates on the basis of race. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for African-Americans, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Reginald Kelly and similarly situated African-American employees who worked at Defendant’s Goose Creek, South Carolina, facility, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including loss of enjoyment of life, personal injuries, loss of earning capacity, suffering, humiliation, fear, anxiety, emotional pain, loss of

dignity, loss of civil rights, and anger, in amounts to be determined at trial.

D. Order Defendant Employer to pay Reginald Kelly and similarly situated African-

American employees who worked at Defendant’s Goose Creek, South Carolina, facility, punitive

damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be

determined at trial.

Eo

Grant such further relief as the Court deems necessary and proper in the public

interest.

F. Award the EEOC its costs of this action.

JURY TRIAL DEMAND

The EEOC requests a jury trial on all questions of fact raised by its complaint.

Dated this ,25 ÷h day of

,2003.

GWENDOLYN YOUNG REAMS Associate General Counsel

MINDY E. WEINSTEIN
~ 1 Attorney

WIN L. TURNAGF~ Trial Attorney
Federal ID# 5189 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 301 N. Main Street Landmark Building, Suite 1402
Greenville, SC 29601 (864) 241-4406

4

 
 IN THE UNITED ST ATES DISTRICT COCRT FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

J. W. ALUMINUM COMPANY,

)

)

Defendant.

)

)

CIVIL ACTION NO. 2: 03-2448-I2BG
CONSENT DECREE

The Equal Employmcnt 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. ~ 2000e-5(t)( I) and (3) ("Title VII") and Section 102 ofthe Civil Rights Act
of 1991. 42 U.S.c. 9 1981 a. The Commission and Defendant agree that the suhject mattcr of this

action is proper and hereby stipulate to jurisdiction of the Court over the parties.

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

the Complaint without the hurden. 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: (I) the Court has jurisdiction over the parties and the subject matter of this action;

(2) the purpose and provisions ofTitlc VlI will bc promoted and elTectuated by the entry of the

Consent Decrce; and (3) this Consent Decrec resolves allmaters in controversy between the

pat1ies as provided in paragraphs I through 20 helow.

It is theref{)fc, ORDERED, ADJUDGED AND DECREED as follows:

1. No Discrimination or Harassment. Defendant shall not discriminate

against or harass employees on the basis of race or any other protected category within the

---------_._._-_.._ - - - - - - - - - - - - - - - - - - - - -
meaning ofTitlc VII of the Civil Rights Act of 1964. 2. No Retaliation. Defendant shall not discriminate or retaliate against any
person because of opposition to any practice made unlawful under Title VII. or because of the tiling of a charge. the giving of testimony or assistance. or the participation in any investigation. proceeding or hearing.
3. Settlement Fund. Defendant shall pay the sum of Two Hundred Twenty Five Thousand and No/l 00 (S 225.000.00) Dollars (hereafter "settlement fund") in settlement of the claims raised in this action to those ag,,'Tievcd persons identitied hy the Commission in accordance with the procedures set forth below.
4. Proposed Distribution. Within sixty (60) days of entry of the "Provisional Order Approving Consent Decree" tiled herewith ("Provisional Order"). the Commission shall take steps necessary to identify all individuals entitled to share in the settlement fund (hereafter "aggrieved persons"). The Commission shall identify the aggrieved persons from the pool of Defendant's current and fom1cr employees known to the Commission to be potential aggrieved persons ("potential aggrieved persons"). Within seventy (70) days of entry of this Consent Decree. the Commission shall serve on Defendant and tile with the Court. a "proposed distribution list" setting lorth the names of all individuals it detennined to he aggrieved persons entitled to share in the settlement fund. The proposed distrihution list shall not include the amount to be paid to each aggrieved person identified thereon. By correspondence to Defendant served with the proposed distribution list. the Commission shall set forth the amount it proposes each individual identified on the list receive from the settlement fund.
5. Notice to Potential Agwieved Persons. Within eighty (80) days of the
2

entry of the Provisional Order. the Commission shall notify all potential aggrieved persons of the signing of the Provisional Order Approving Consent Decree and of the following; (I) the Commission's detennination of whether he or she is an aggrieved person entitled to share in thc settlement fund; (2) ifhe or she is entitled to share in the settlement fund. the amount that he or she will receive Irom the settlement fund; (3) his or her right to object to the settlement; (4) the deadline and procedure for tiling objections; and (5) his or her right to be heard at a lairness hearing betllre the Court. This notilication shall be made by regular mail sent to each individual's last known mailing address.
6. Final Order and Final Distribution List. Any objections to the proposed distribution list must be tiled with the Clerk of Court within one hundred (100) days of entry of the Provisional Order. with copies sent to the Commission. If no timely objections are tiled with the Clcrk and served on the Commission. the Commission will move the Court for entry of a "Final Order Approving Consent Decree." ("Final Order"). The Final Order shall effectuate all provisions of this Consent Decree that were not effectuated by the Provisional Order and shall order that the Commission's proposed distribution list (including amounts to be paid to each individual as provided to Defendant pursuant to paragraph 4 above) become the "tinal distribution list."
If timely objections arc filed and served, the Court will hold a fairness hearing at a date and time set by the Court. At the fairness hearing, the Court shall consider all objections timely filed with the Clerk of Court and served on the Commission. and shall make a final and binding detennination ofthe distribution of funds from the settlement tund. Following the fairness hearing. the Court's order relating to the distribution of funds shall be ret1ected on a "tinal distribution list." \10 distribution trom the settlement fund shall be made by Defendant until
3

entry of the Final Order by the Court. which includes a tinal distribution list approved by the Court
7. Payments to Aggrieved Persons. Within thirty (30) days of entry of the Final Order. Defendant shall deliver checks by certified mail return receipt requested to each aggrieved person on the tinal distribution list. at addresses to be provided by the Commission and in the amounts set forth by the Commission pursuant to parat,'Taph 4 above. Defendant shall report each sueh payment on an IRS Form 1099. Within thirty (30) days of the entry of the Final Order. Defendant shall mail to Lynette A. Barnes. Acting Regional Attorney. Equal Employment Opportunity Commission. 129 West Trade Street, Suite 400, Charlotte, N.C. 28202, a copy of each check and proof of delivery.
8. Handling of Returned Checks/Retained Funds. If any of the payments to aggrieved persons arc returned by the postal service as undeliverable, within ten (10) days of the return, Defendant shall notify the Commission of the name of each person whose check was returned undeliverable. The Commission shall have thirty (30) days after receipt of said notice to locate each sueh person so that the payment(s) may be promptly re-mailed to them by Defendant. Upon receipt of an updated address tt)r re-mailing of a check, Defendant shall re-mail the check within ten (10) days. Within ftlUrteen (14) days after re-mailing the check, Defendant shall mail to Lynette A. Barnes, Acting Regional Attorney, at the above address, a copy of the check and proof of its delivery. If any aggrieved pcrson(s) whose check was returned undeliverable cannot be located by the Commission, the Commission will notify Defendant and Defendant shall retain the funds represented by the check for redistribution as indicated in this paragraph. Within one hundred t()rty (140) days of entry ofthe Final Order, all settlement proceeds that \verc retained by Defendant as a result of undeliverable mail returns (hereafter "retained funds"), shall be
4

- - _..... _---
redistributed to the agb'Tieved persons on the tinal distribution list (excluding those persons whose settlement monies became part of the retained funds) in amounts that will be specified by the Commission. The Commission shall specify amounts to Defendant for this purpose within one hundred twenty (120) days of the entry of the Final Order. Defendant shall deliver these retained funds checks by certilied mail return receipt requested to the persons and amounts indicated by the Commission. Defendant shall report each such payment on an IRS Form 1099. Defendant shall mail to Lynette A. Barnes. Acting Regional Attorney, Equal Employment Opportunity Commission. 129 West Trade Street, Suite 400, Charlotte. N.C. 28202, a eopy of each check and proof of delivery.
9. Policy. Within sixty (60) days of the entry of the Final Order, Defendant will implement, disseminate. and publish a written policy prohibiting harassment and discrimination ("'Harassment Policy"). The Harassment Policy shall prohibit all fonns of racial gramti on Defendant's property. The Harassment Policy shall also include a description of racial harassment. and provide a procedure under which individuals may make complaints about violations of the Harassment Policy, including racist graffiti, to their Supervisor, Defendant's Human Resources Manager, or other persons identilied in the Harassment Policy. The Harassment Policy will also provide. in part. that Defendant will thoroughly investigate all complaints or incidences of discrimination, retaliation, and harassment. It will specify that such investigations will, at a minimum, include interviewing all relevant witnesses who may have knowledge about the alleged discrimination, retaliation, or harassment. and it shall require that Defendant document facts learned during the investigation Irom each person interviewed. Defendant hlrther agrees that all documentation related to any investigation will be collected and maintained in accordance with 42 U.s.c. ~ 2000c-8(c} and 29 CFR ~ 1602.14.
5

10. Training. During the telm of this Consent Decree. Defendant shall provide an annual training prob'fam to all of its employees regarding the Harassment Policy. At
least ti fteen (15) days prior to the training prob'fam, Defendant shall provide the Commission with an agenda tl)f the training program, which shall stress during each program the
responsibility of any Supervisor or Manager who receives a complaint or observes racist graftiti to rcport the complaint or observation immediately to Defendant's Human Resources Manager. The training program shall include training on the Harassment Policy desclibed in paragraph 9 above. The training shall also include an explanation of the requirements of the federal equal employment opportunity laws. including the Title VII ofthe Civil Rights Act of 1964, including information about its prohihition against race discrimination in the workplace, and particularly racial harassment. This training shall he completed within ninety (90) days atter the entry of the Final Order by the C01l11. Each suhsequent training program shall he completed on or before ninety (90) days atter the anniversary of the date the Final Order is entered. Within thirty (30) days atter completion of the training, 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. Additionally, during the tenn of this Consent Decrec, Defendant shall provide a copy of the Harassment Policy to each person it hires.
II. 'iotice Posting. During the ternl of this Consent Decree. Defendant shall conspicuously post the attached Employee Notice (Exhihit A). hereby made a part ofthis Consent Decree, in a place where it is visible to employees at its Mt. Holly, South Carolina, tilcility. Ifthe :--Iotice becomes defaced or unreadahle, Defendant shall replace it by posting another copy of the Notice.
12. Rcporting Concerning Race Discrimination or Harassment. Defendant
6

agrees to provide the Commission with semi-annual reports during the tenn of this Consent Decree regarding complaints ofrace discrimination or racial harassment. The tirst report is due no later than one hundred twenty (120) days after the date the Final Order is entered. Defendant will provide reports everyone hundred eighty (180) days thereafter during the tenn of this Consent Decree. The reports shall include the following intclTInation about complaints: (1) the idcntities of all individuals who have complained of or rep0l1ed race discrimination or racial harassment at Defendant's Mt. Holly, S.C., facility, including by way ofidentitieation each person's name, home address, home telephone number, and race, (b) a brief statement regarding the nature of the indi vidual's complaint; and (c) a brief description of what action Defendant took in response to the individual's complaint. Ifno complaints were received during thc reporting period, Defendant shall report this fact to the EEOC.
13. Reporting Concerning Racial Graffiti. Defendant agrees to provide the Commission with semi-annual reports during the tenn of this Decree regarding racial grattiti. The tirst report is due no later than one hundred twenty (120) days after the date the Final Order is entered. Defendant will provide reports everyone hundred eighty (180) days thereafter during the term of this Consent Decree. The reports shall include the tc)llowing infonnation about racial b'fatliti discovered on Defendant's property: (a) the dates of any reports of racial graffiti; (b) the identity ofthe employee who reported and/or discovered the racial gratTiti; (c) the location, date and time the employee discovered the graffiti; (d) a photob'faph of the racial gratliti; (e) the identity of all individuals interviewed by Defendant in its investigation of the discovery or report ofracial graffiti; (t) all actions taken by Defendant to make the display of racial graffiti on Defendant's premises stop, including, as appropriate, meetings with management, departments and employees at Defendant's facility; and (g) discipline taken against responsible employees,
7

and/or the managers, supervisors and employees responsible for the area, department, or place where the racial grattiti was found. Ifno racial grattiti is discovered during the reporting period, Defcndant shall report this fact to the EEOC.
14. Compliance Review. Defendant agrees that the Commission may review compliance with this Consent Decree. As part of such review, the Commission may inspect the premises, interview employees and examine and copy documents. Any inspection for the purpose of satistying the review component of this provision shall oecur after Defendant has been provided at least forty-eight (48) hours' notice by telephone or mail. to Defendant's designated contact person or his/her successor. For the purposes of this section, Defendant's designated contact person is Isaiah Brown, Director of Human Resources, J.W. Aluminum Company, 435 Old Mt. Holly Road, Mt. Holly, South Carolina 29445 (Phone No. 843-57211 DO), Defendant may designate a new contact person by notifying the Commission in writing. Defendant shall maintain at all times, on file with the Commission, an "active" contact person for the purposes ofthis section. A contact person is active ifhc or she is: (a) a current owner, manager or employee of Defendant: and (2) can be reached by the Commission by telephone or mail at the address and telephone number set forth in this paragraph or at an address and telephone number provided by Defendant in writing, If at any time, Defendant fails to maintain an active contact person on tile with the Commission, the Commission's obligation to provide notice prior to an inspection is void and the Commission may proceed with its inspection without further notice to Defendant.
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15. Enforcement of Consent Decree. If anytime during the teTIn of this Consent Decree the Commission believes Defendant is in violation of this Consent Decree. the Commission shall give written notice of the alleged violation to Defendant's designated contact person. or his successor after receipt orthe notice. Defendant shall have twenty (20) days in which to investigate and respond to the allegations. Thereafter. the parties shall have a period of thirty (30) 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 pursues any remedy provided by law. The Commission agrees that it will not bring legal action against Delendant based on the charge tiled by Charging Party. Reginald Kelly. Charge "io. 14C-200001207 for the duration of this Consent Decree, except as authorized in this parah'Taph to enforce the terms of this Consent Decree.
16. Tenn. The tenn ofthis Consent Decree shall be for three (3) years from the date of entry of the "Final Order Approving Consent Decree" by the Court.
17. General Release by Charging Party. This Consent Decree and the obligations of the parties set forth herein are expressly conditioned upon the execution of a general release by Charging Party Reginald Kelly, executed on July 12.2004. Said general release has been provided to. and accepted by Defendant.
18. Attornevs' fees and costs. Each party shall bear its own attorneys' fees and costs. except that Defendant agreed to pay, and has paid, a reasonable attorney's tee in the amount of three hundred lifty (S350.00) dollars to Charging Party Reginald Kelly. lor Mr. Kelly to retain private counsel t(lr the purpose ofreviewing Defendant's general release.
19. Retention of Jurisdiction. This Court shall retain jurisdiction ofthis case t(lr purpose of resolving controversies arising under this Consent Decree and Illr entry of any orders as may be necessary or appropriate.
9

20. Dismissal of Lawsuit. Within thirty (30) days ofthe entry of the Final Order, the parties shall file a joint motion to dismiss the above-captioned lawsuit with prejudice subject to the Court retaining jurisdiction of this case for the purpose of resolving controversies arising under this Consent Decree and for any orders as may be necessary or appropriate to enforce the terms of the Decree.
11 ~.a; Dated: ftV~1
Pursuant to Local Civil Rule 83.1.08, this order is being sent to local counsel only. (Counsel signatures appear the following page)
10

AGREED AND ENTRY REQL:ESTED For Plainritf, F:qual t'mploymcnt Opportllllitl' Commission:
This It'hday of Oc.::h>,'V.:>e..r , 2004.

JAMES L. LEE

Deputy General Counsel

GWENDOLYN YOUNG REAMS

Associate General Counsel

LY\:ETTE A. BARNES

Acting Regional Attorney

JESSICA L. DIXON

Trial Attorney

EQUAL EMPLOYMENT OPPORTCNITY

COMMISSION

129 W. Trade Street, Suite 400

Charlotte, NC 28~02

,(+t'o)1l)~3~4~4~~6.8f7~}f,,c\ E~1' ~~r-~I".<-7-~ ~

Assistant U.S. Attorney ""\ 1",:", '~'.""~

FederallD No. 6460

lI (;','~~' \~ i-"

'

District of South Carolina

1441 Main Street. Suite 500

Columbia, S.c. 29201

(803) 929':1054

For Defendant, 1. TV Aluminum Company:

,2004.

I ,

NOTICE TO EMPLOYEES
1. This Notice is posted pursuant to a voluntarily-entered consent decree between J. W. Aluminum Company ("JWA") and the United States Equal Employment Opportunity Commission arising from a case alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. Section 2000e, et seq. ("Title VII"), Equal Employment Opportunity Commission v. J.W. Aluminum Company, civil action number: 2:03-2448-12BG.
2. Federal law requires that there be no discrimination against or harassment of any employee or applicant for employment because of the employee's race, color, religion, sex, national origin, age (40 or older) or disability.
3. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e, et seq., is a federal law which prohibits race discrimination or harassment of any employee in all aspects of employment including, but not limited to, hiring, promotion, discharge, pay, job training and fringe benefits.
4. JWA hereby reaffinns its commitment to compliance with such federal law in all respects. JWA will not take any actions against employees because they have exercised their rights, reported an alleged violation under the law or have given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U.S. Equal Employment Opportunity Commission.
5. It is JWA's policy to maintain a working environment free from race discrimination and race harassment. JWA has adopted a policy regarding race discrimination and race harassment, and the policy sets forth a complaint procedure for individuals who believe they have been a victim of or witnessed race discrimination or race harassment. An employee of JWA who believes he or she has been a victim of or witnessed race discrimination or race harassment is encouraged to use the complaint procedure set forth in JWA's policy.
An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination or harassment in the workplace. An employee may contact the U. S. Equal Employment Opportunity Commission at the following address and telephone number for the purpose of filing a charge of employment discrimination or harassment.
Equal Employment Opportunity Commission Greenville Local Office
301 N. Main Street, Landmark Building, Suite 1402 Greenville, SC 29601 Tel: (864) 241-4400
Appendix A

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

RECEIVED CL rD\: (i':: '"r\f I:;T
L. I \ •
1805 t'JIR lOA 10: ~ 8

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

J. W. ALUMINUM COMPANY,

)

)

Defendant.

)

)

CIVIL ACTIO~)'lO.. 2: 03-2448-18B'G" .

FINAL ORDER APPROVING CONSENT DECREE The above-styled action is before the Court for final approval of the Consent Decrec between Plaintiff, U.S. Equal Employment Opportunity Commission ("EEOC") and Defendant, l.W. Aluminum Company, filed in this matter. On October 13,2004, thc parties filed a "Consent Decree" and a "Provisional Order Approving Consent Decree" in this matter. The Consent Decree set forth the terms of a negotiated settlement between the parties, which rcsolved the issues raised in this litigation. On October 14,2004, the Court entered the Consent Decree and the Provisional Order Approving Conscnt Decree. By entry of these two documents, the Court gave provisional approval of the Consent Decree. subject to a determination of how the settlement fund (in the amount of two hundred twcnty-five thousand ($225,000) dollars), would be distributed. Pursuant to paragraph 4 of the Consent Decree, EEOC was required to identify the individuals entitled to share in the settlement fund and to determine the amount of money that each should receive from the settlement fund. Accordingly, on December 23, 2004, EEOC filed

a "Proposed Distribution List" in this matter setting forth the names of all individuals it determined to be aggrieved persons entitled to share in the settlement fund.
Additionally, in accordance with paragraph 5 of the Consent Decree, EEOC was required to give notice to each potential aggrieved individual of the provisional approval of the Consent Decree and of the following: (a) whether the individual was identified as an individual entitled to share in the settlement fund; (b) ifhe or she is entitled to share in the settlement fund, the amount that he or she will receive from the settlement fund; (c) the individual's right to object to the settlement; (d) the deadline and procedure for filing objections to the settlement, Consent Decree and Proposed Distribution List with the court (set as January 24, 2005); and (e) his or her right to be heard at a fairness hearing before the Court. No objections to the settlement, Consent Decree or Proposed Distribution List were filed with this Court.
THEREFORE, THIS COURT FINDS: 1. Plaintiff EEOC has fully complied with the notification requirements as set forth in the Consent Decree and the Provisional Order Approving Consent Decree. 2. Fair, reasonable, adequate and proper notice of this Court's order provisionally approving the Conscnt Decree and the terms of the proposed Consent Decree, as well as the Proposed Distribution List, has been given to the potential aggrieved individuals. No objections were filed to the settlement, Consent Decree or Proposed Distribution List. 3. This Court must determine whether the settlement is fair, adequate and reasonable, and is guided by Flinn v. FMC Corporation, 528 F.2d 1169 (4th Cir. 1975), cert. denied 424 U.S. 967 (1976). Based on the record as a whole, this Court finds thc settlement is fair. adequate and reasonable.
2

4. The court further finds that the Consent Decree and the Proposed Distribution List are fair, adequate, reasonable and consistent with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seg.
Based on the foregoing, and all the pleadings and the record as a whole, IT IS THEREFORE ORDERED AND ADJUDGED that:
1. The Consent Decree is fair, adequate and reasonable; 2. The Consent Decree is given final approval by the entry of this "Final Order Approving Consent Decree;" 3. The Proposed Distribution List is hereby approved and adopted as an amendment to the Consent Decree; and 4. This action is hereby dismissed, except t t the Court retains jurisdiction lor the purpose of resolving controversies arising under the C sent Decree and for entry of any orders that may be necessary and appropriate. (~ .~
10 SO ORDERED, this day of~I~~·~u.;LJ¥1==~.-1r-
The Ho arable Davia C. Norton /udgc, U.S. District Court V
3

 
 Office of General Counsel FY 2005 Annual Report

http://www.eeoc.gov/litigation/05annrpt/index.html

Similarly, in EEOC v. J.W. Aluminum Co. (D.S.C. Mar. 10, 2005), a manufacturer of aluminum sheets and foil in rural South Carolina subjected black employees to racist slurs and graffiti, and other racially-charged conduct. Graffiti remained on the bathroom walls continuously for 7 years, and the slurs became less frequent but did not cease after a workplace training session on racial harassment. A consent decree provides $225,000 to 27 victims, prohibits future discrimination, and requires the company to implement a harassment policy that includes a prohibition of all forms of racial graffiti and a thorough investigation of complaints. The company also must report to EEOC semiannually on complaints of race discrimination and harassment and on all instances where racial graffiti is discovered.

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5/30/2007 9:44 AM

 
 CM/ECF - scd - Docket Report

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CLOSED, JURY
U.S. District Court District of South Carolina (Charleston) CIVIL DOCKET FOR CASE #: 2:03-cv-02448-DCN-GCK

EEOC v. JW Aluminum Company Assigned to: Judge David C Norton Referred to: Magistrate Judge George C Kosko Demand: $0 Cause: 42:2000 Job Discrimination (Race)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 07/25/2003 Date Terminated: 03/11/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Edwin Lake Turnage Harris and Graves PO Box 6263 Greenville, SC 29606 864-235-1331 Fax: 864-235-1741 Email: elt@harrisgraves.com TERMINATED: 05/04/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert F Daley, Jr US Attorneys Office 1441 Main Street Suite 500 Columbia, SC 29201 803-929-3000 Fax: 803-252-2759 Email: bob.daley@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jessica L Dixon US Equal Opportunity Commission 129 W Trade Street Suite 400 Charlotte, NC 28202 704-344-6875 Email: jessica.dixon@eeoc.gov

V. Defendant

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JW Aluminum Company

represented by Jim O Stuckey, II Littler Mendelson 1201 Main Street Suite 1100 Columbia, SC 29201 803-799-9760 Fax: 803-753-9861 Email: jstuckey@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D Patterson Nelson Mullins Riley and Scarborough PO Box 11070 Columbia, SC 29211 803-799-2000 Email: matt.patterson@nelsonmullins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/25/2003 07/25/2003 07/25/2003 08/13/2003
08/14/2003 08/18/2003
09/25/2003

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Docket Text

1 COMPLAINT; Service due by 11/24/03 for JW Aluminum Company (kmca) (Entered: 07/28/2003)
2 SUMMONS issued for defendant JW Aluminum Company (kmca) (Entered: 07/28/2003)
3 ANSWER to Local Rule 26 Interrogatories by plaintiff EEOC; jury demand (kmca) (Entered: 07/28/2003)
4 JOINT MOTION by plaintiff EEOC, defendant JW Aluminum Company to extend time to move,answer, or otherwise plead to the complaint for 40 days until 9/29/03. (proposed consent order attached) (asni) Modified on 08/14/2003 (Entered: 08/13/2003)
5 ORDER granting [4-1] motion to extend time to move,answer, or otherwise plead to the complaint for 40 days until 9/29/03 ( signed by Magistrate Judge George C. Kosko ) eod 8/14/03 (cmur) Modified on 08/14/2003 (Entered: 08/14/2003)
6 AFFIDAVIT OF SERVICE of summons and complaint executed as to defendant JW Aluminum Company 7/28/03 Assignment Interrogatories due on 8/27/03 for JW Aluminum Company; Answer due on 8/18/03 for JW Aluminum Company executed by certified mail to CT Corp System, Registered Agent for JW Aluminum (kmca) (Entered: 08/19/2003)
7 ANSWER to Complaint by defendant JW Aluminum Company (Attorney Matthew D Patterson), Assignment Interrogatories due on 10/6/03 for JW Aluminum Company (gpea) (Entered: 09/26/2003)

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10/17/2003
11/18/2003 11/21/2003
11/21/2003 04/08/2004 04/13/2004
04/28/2004 04/28/2004 05/04/2004 05/04/2004 05/26/2004

8 CONFERENCE AND SCHEDULING ORDER setting 26(f) Conference no later than 11/5/03 ; 26(a) Initial Disclosures served by 11/19/03 ; 26(f) Report filed by 11/19/03 ; Joining of parties,amending of pleadings on 12/8/03 ; Plaintiff's ID of Experts set for 1/6/04 ; Defendant's ID of Experts set for 2/5/04 ; Records Custodian Affidavit filed by 2/5/04 ; Discovery cutoff 4/5/04 ; Motion In Limine filed by 5/11/04 ; Deadline for filing of all motions 4/20/04 ; 26(a)3 Pretrial Disclosures filed by 7/5/04 ; Pretrial Brief filed by 5/25/04 ; Jury Selection deadline set for 6/1/04 ; ADR Statement/Cert due by 5/21/04 Mediation deadline for 6/21/04 ( signed by Magistrate Judge George C. Kosko ) eod 10/17/03 (cmur) (Entered: 10/17/2003)
9 26(f) Report by EEOC. Parties Agree to Conference and Scheduling Order. Proposed Discovery Plan and 26f Answers to Interrogatories included. (gpea) (Entered: 11/19/2003)
10 AMENDED CONFERENCE AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 1/12/04 ; Plaintiff's ID of Experts set for 2/6/04 ; Defendant's ID of Experts set for 3/5/04 ; Records Custodian Affidavit filed by 3/5/04 ; Discovery cutoff 6/7/04 ; Motion In Limine filed by 7/12/04 ; Deadline for filing of all motions 5/20/04 ; Mediation deadline for 8/20/04 Mediation Statement filed by 7/20/04 ; 26(a)3 Pretrial Disclosures filed by 8/11/04 ; Pretrial Brief filed by 10/25/04 ; Jury Selection deadline set for 11/1/04 ; ( signed by Magistrate Judge George C. Kosko ) (cmur) (Entered: 11/21/2003)
11 26(f) Answers to Local Rule 26 Interrogatories by JW Aluminum Company. (gpea) (Entered: 11/24/2003)
CASE reassigned to Judge David C. Norton (admin) (Entered: 04/08/2004)
12 AMENDED CONFERENCE AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 1/12/04 ; Plaintiff's ID of Experts set for 2/6/04 ; Defendant's ID of Experts set for 3/5/04 ; Records Custodian Affidavit filed by 7/5/04 ; Discovery cutoff 9/7/04 ; Motion In Limine filed by 10/12/04 ; Deadline for filing of all motions 8/20/04 ; Mediation deadline for 11/20/04 Mediation Statement filed by 10/20/04 ; 26(a)3 Pretrial Disclosures filed by 11/11/04 ; Pretrial Brief filed by 1/27/04 ; Jury Selection deadline set for 2/1/05 ; ( signed by Magistrate Judge George C. Kosko ) eod (cmur) (Entered: 04/13/2004)
13 MOTION by plaintiff EEOC for Attorney Edwin L. Turnage to withdraw (dnap) (Entered: 04/28/2004)
14 MOTION by plaintiff EEOC to stay the proceedings until May 31, 2004 (dnap) (Entered: 04/28/2004)
15 ORDER granting [13-1] motion for Attorney Edwin L. Turnage to withdraw ( signed by Magistrate Judge George C. Kosko ) eod 5/5/04 (cmur) (Entered: 05/05/2004)
16 ORDER granting [14-1] motion to stay the proceedings until May 31, 2004 ( signed by Magistrate Judge George C. Kosko ) eod 5/5/04 (cmur) (Entered: 05/05/2004)
17 NOTICE of attorney appearance for plaintiff EEOC by Robert F Daley Jr (cram) (Entered: 05/27/2004)

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05/26/2004
06/02/2004
10/08/2004 10/13/2004
10/13/2004 10/13/2004
10/13/2004 11/15/2004 12/23/2004 02/03/2005 02/09/2005 03/10/2005

18 MOTION by plaintiff EEOC for Jessica L Dixon to appear pro hac vice FILING FEE WAIVED DUE TO STATUE with original application/affidavit attached (cram) (Entered: 05/27/2004)
19 ORDER granting [18-1] motion for Jessica L Dixon to appear pro hac vice FILING FEE WAIVED DUE TO STATUE ( signed by Judge C W. Houck ) eod (cmur) (Entered: 06/02/2004)
20 UNOPPOSED MOTION by plaintiff EEOC for entry of provisional order approving consent decree. (cmur) (Entered: 10/12/2004)
21 PROVISIONAL ORDER approving consent decree. Details outlined in the order. ( signed by Magistrate Judge George C. Kosko ) eod 10/14/04 (cmur) (Entered: 10/14/2004)
22 NOTICE of Hearing set Fairness Hearing for 10:00 12/1/04 before Magistrate Judge George C. Kosko (cmur) Modified on 10/14/2004 (Entered: 10/14/2004)
23 CONSENT DECREE outlining the resolution of this matter. Details are outlined in the order. ( signed by Magistrate Judge George C. Kosko ) eod 10/13/04 (cmur) (Entered: 10/14/2004)
Minute entry: per order#23 granting [20-1] motion for entry of provisional order approving consent decree. (cmur) (Entered: 10/18/2004)
24 NOTICE of Hearing reset status conference for 10:00 2/17/05 before Magistrate Judge George C. Kosko (cmur) (Entered: 11/15/2004)
25 NOTICE of Proposed Distribution List by plaintiff EEOC (cram) (Entered: 12/28/2004)
26 NOTICE of Hearing cancelling status conference for 10:00 2/17/05 before Magistrate Judge George C. Kosko (obri) (Entered: 02/03/2005)
27 Unopposed MOTION by plaintiff EEOC for entry of the final order approving consent decree (cram) (Entered: 02/10/2005)
28 FINAL ORDER APPROVING CONSENT DECREE re 27 Motion for Miscellaneous Relief filed by Equal Employment Opportunity Commission, Details are outlined in the order. Signed by Judge David C Norton on 3/10/05. (cmur, ) (Entered: 03/11/2005)

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