IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA ~ I

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ASHEVILLE DIVISION

EQUAL EMPLOYMENT

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CIVIL ACTION NO.

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OPPORTUNITY COMMISSION,

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Plaintiff,
v.

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COMPLAINT

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RYAN'S FAMILY STEAK HOUSES, INC.,) )

JURY TRIAL DEMAND

Defendant.

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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 and to provide appropriate relief to employees who were adversely affected by the practices. The Commission alleges that Defendant Ryan's Family Steak Houses, Inc. discriminated against Christina 1. Scruggs and other similarly situated female employees because oftheir sex, female. The Commission further alleges that Defendant constructively discharged Christina 1. Scruggs.
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 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.

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PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VB, 42 U.S.c. §2000e-5(f)(1). 4. At all relevant times, Defendant Ryan's Family Steak Houses, Inc. has continuously been a North Carolina corporation doing business in the State of North Carolina and the City of Jacksonville and has continuously had at least fifteen employees. 5. At all relevant times, Defendant Ryan's Family Steak Houses, Inc. has continuously been an employer engaged in an industry affecting commerce under Sections 701 (b), (g) and (h) of Title VB, 42 U.S.C. §§ 2000e(b), (g) and (h).
ST ATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Christina 1. Scruggs filed a charge with the Commission alleging violations of Title VII ofthe Civil Rights Act by Defendant Ryan's Family Steak Houses, Inc. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least December 1998, Defendant Ryan's Family Steak Houses, Inc. has engaged in unlawful employment practices at one of its restaurants located in Shelby, North Carolina, in violation of Section 703 (a) (1) of Title VII, 42 U.S.C. § 2000e-2 (a) (1), as set forth below. a. Defendant subjected Christina 1. Scruggs and other similarly situated female
employees to discrimination based on their sex by subjecting them to a sexually hostile work environment. The sexual harassment included unwelcome sexual touching, comments, and advances by a supervisor. Although the women complained about the sexual harassment, and Defendant otherwise knew or reasonably should have known about the sexual harassment, Defendant failed to take appropriate action to stop it.
2

b. Defendant constructively discharged Christina 1. Scruggs by maintaining a sexually hostile work environment and by persistently failing to take appropriate action to stop the harassment.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Christina 1. Scruggs and other similarly situated female employees of equal employment opportunities and otherwise adversely affect their status as employees because oftheir sex, female.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights ofChristina 1. Scruggs and other similarly situated female employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant apermanent injunction enjoining Defendant Ryan's Family Steak Houses, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from sexual harassment or any other employment practice that discriminates on the basis of sex and from retaliating against employees who oppose unlawful discrimination or participate in an investigation of unlawful discrimination. B. Order Defendant Ryan's Family Steak Houses, Inc. to institute and carry out policies, practices, and programs that provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Ryan's Family Steak Houses, Inc. to make whole Christina 1. Scruggs by providing appropriate back-pay with prejUdgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment
3

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practices, including but not limited to reinstatement. D. Order Ryan's Family Steak Houses, Inc. to make whole Christina 1. Scruggs and
other similarly situated female employees 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.
E. Order Ryan's Family Steak Houses, Inc. to make whole Christina 1. Scruggs and other similarly situated female employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained ofin paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, loss of self-esteem and loss of civil rights, in amounts to be determined at trial.
F. Order Defendant Ryan's Family Steak Houses, Inc. to pay Christina 1. Scruggs and other similarly situated female employees punitive damages for its malicious and reckless conduct, as described above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
DATED this the ~~ daYOf~2004'
Respectfully submitted, ERIC S. DREIBAND General Counsel
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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
~ ~ ~ Acting Regional Attorney ~~~ Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Telephone: 704.344.6885 Facsimile: 704.344.6870 ATTORNEYS FOR PLAINTIFF
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CHARLOTTE, NORTH CAROLINA ,.. CIVIL ACTION 1:04 CV 006

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Plaintiff,

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CHRISTINA J. SCRUGGS, Plaintiff-Intervenor,
v.

COMPLAINT IN INTERVENTION JURY TRIAL DEMAND

RYAN'S FAMILY STEAK HOUSES, INC.
Defendant.

Plaintiff-Intervenor Christina 1. Scruggs alleges as follows: 1. This action is brought under Title VII ofthe Civil Rights Act of 1964 (as amended), and Title I of the Civi1Rights Act of 1991, seeking legal and equitable relief from the defendant's unlawful employment practices on the basis ofsex, and to make Plaintiff-Intervenor whole for losses sustained as a result ofdefendant's illegal practices. The Court has jurisdiction under 28 U.S.c. §§ 451, 1331, 1337, 1343, and 1345, and § 706(f)(3) of Title VII of the Civil Rights Act of 1964 (as amended), 42 U.S.c. § 2000e-5(f)(3), (hereinafter referred to as "Title VII"). 2. Plaintiff Equal Employment Opportunity Commission (the "Commission") is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is authorized to bring this action by § 706(f)(1) ofTitle VII, 42 U.S.C. § 2000e-5(f)(l). 3. Plaintiff-Intervenor Christina 1. Scruggs is an adult female citizen of the United States who currently resides in Horry County, South Carolina. Plaintiff-Intervenor is entitled to intervene as a

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matter of right, pursuant to § 706(f)(1) of Title VII, 42 U.S.c. § 2000e~5(f)(l). 4. At all times relevant herein, defendant Ryan's Family Steakhouses, Inc., has continuously been a North Carolina Corporation doing business in North Carolina in the City of Shelby, North Carolina, and is subject to the jurisdiction of this Court. Defendant's primary place of business where the alleged unlawful employment practices occurred is located in Cleveland County, North Carolina, and within the jurisdiction of the United States District Court for the Western District of North Carolina. 5. At all relevant times, defendant Ryan's Family Steakhouse Inc., has continuously been an employer engaged in an industry affecting commerce under Section 70 l(b),(g),(h) of Title VII, 42 U.S.c. 2000e-(b), (g), (h). Defendant has continuously had at least 15 employees in each of 20 or more calendar weeks during each year pertinent to Plaintiff-Intervenor's claims. 6. Plaintiff-Intervenor was employed by the defendant in October of 1998. She continued in that position until she was constntctively discharged in or around Febntary of2000 and then again in May of2000. 7. Throughout the period of Plaintiff-Intervenor's employment, the defendant, acting through their manager and supervisor, created an unwelcome and hostile working environment by subjecting her to a series of unwelcome and unsought touching, ntde and lewd comments and acts, sexually harassing, indecent and intimidating acts ofmisconduct, including repeated comments that were of a sexually suggestive nature, requests for sexual favors, and sexually related assault and battery against her person, as well as numerous acts ofunconsensual touching ofthe Plaintiff-Intervenor and other sexually offensive conduct and contact. 8. The foregoing acts of the defendant, through their authorized agent and manager, include instances in 1999 when their manager/supervisor told Plaintiff-Intervenor that she needed to sit down

in his office at which time he started rubbing the Plaintiff-Intervenor's back, and then proceeded to move his hands around to the Plaintiff-Intervenor's breast and proceeded to grab her breast with his hands before the Plaintiff-Intervenor was able to break away. Furthermore, in 1999, the same manager for the defendant exposed himself to the Plaintiff-Intervenor and asked the PlaintiffIntervenor to put a finger condom on his penis. On other occasions in 1999, the defendant's manager grabbed money from the person of the Plaintiff-Intervenor that she had collected in tips as working as a waitress for the defendant and told the Plaintiff-Intervenor that he would not return her money unless she agreed to perform oral sex on the defendant's manager. 9. On other occasions in 1999, the defendant, acting through their supervisor and manager, sexually harassed, humiliated and intimidated the Plaintiff-Intervenor as follows: by pulling her down on the manager's lap in his office and asking the Plaintiff-Intervenor to perform a "lap dance"; forcibly holding the Plaintiff-Intervenor down and unzipping her pants before she could break away; by forcibly unbuttoning her shirt and touching her in a sexual manner before she could break away; by telling Plaintiff-Intervenor that if she did not comply with requests for sexual favors then Plaintiff-Intervenor would receive unfavorable job assignments in work areas at the restaurant which would negatively impact her earnings and cause her to lose her job. 10. After Plaintiff-Intervenor formally reported the sexual harassment to defendant Ryan's management, defendant's manager/supervisor retaliated against Plaintiff-Intervenor by placing her in a bear hug and grabbing her in an intimidating and sexual way. 11. The defendant Ryan's Family Steakhouse, Inc., is vicariously liable for the actions of their manager and supervisor as alleged herein. All such wrongful and unlawful acts are imputed to the defendant Ryan's. Furthermore, by retaining Boswell in a supervisory position after having actual and constructive notice of his tendency to engage in sexually offensive conduct, and by failing to

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intervene to prevent further offensive behavior towards Plaintiff-Intervenor, and failing to sufficiently investigate Plaintiff-Intervenor's complaints, the defendant Ryan's has acquiesced in, approved, and/orratified such acts ofmisconduct and unlawful activity, including sexual harassment and therefore the wrongful acts as described herein are imputed to defendant and defendant is liable under the doctrine of respondeat superior. Defendant had previously failed to prevent further sexual harassment of Plaintiff-Intervenor by another employee of defendant in 1999 and 2000. 12. More than 30 days prior to the institution ofthis lawsuit, Plaintiff-Intervenor filed a timely charge ofdiscrimination with the Commission, alleging violations ofTitle VII by the defendant. All conditions precedent to the institution of this action have been fulfilled. 13. Since at least December 1998, defendant Ryan's Family Steakhouse Inc., has engaged in unlawful employment practices in its restaurant located in Shelby, North Carolina, in violation of Section 703(a)(l) of Title VII, 42 U.S.C. 2000e-2(a)(1), as set forth herein. 14. Defendant subjected Plaintiff-Intervenor to discrimination based on her sex by subjecting her to a sexually hostile work environment. The sexual harassment included unwelcome sexual touching, comments, and advances by her supervisor/manager. Although Plaintiff-Intervenor complained about the sexual harassment, and defendant otherwise knew or should have known about the sexual harassment, defendant failed to take appropriate actions to stop it. 15. Defendant constructively discharged Plaintiff-Intervenor by maintaining the sexually hostile work environment and by failing to take appropriate action to stop the harassment. Defendant's actions have deprived Plaintiff-Intervenor of equal employment opportunities and has otherwise adversely effected her status of an employee because of her sex. 16. The unlawful employment practices complained of were intentional. 17. The unlawful employment practices complained of herein were done with malice or with

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reckless indifference to the federally protected rights of Plaintiff-Intervenor. 18. As a proximate result of the defendant's actions, Plaintiff-Intervenor has been damaged, in incurring lost wages, embarrassment, humiliation, physical illness and emotional and mental distress, and other damages to be proven at triaL 19. Plaintiff-Intervenor is entitled to recover punitive damages from the defendant. 20. Defendant's actions violate Section 703(a) of Title VII, 42 U.S.c. 2000e-2(a).
WHEREFORE, Plaintiff-Intervenor prays the Court for relief: (a) Granting a permanent injunction enjoining the defendant, their officers, agents, supervisors, and all persons in active concert or participation within, from engaging in policies or practices which discriminate against because of sex against Plaintiff-Intervenor in violation ofTitle VII; and (b) Judgment requiring the defendant to make Plaintiff-Intervenor whole by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, front pay, and other affirmative reliefnecessary to eradicate the effects ofits unlawful practices, which may include but is not limited to reinstatement; and (c) Awarding Plaintiff-Intervenor compensatory damages for all damages sustained as a result ofthe defendant's illegal activities, and to make Plaintiff-Intervenor whole by providing her with compensation for past and future pecuniary losses resulting from such unlawful employment practices as described herein, including medical expenses in amounts to be determined in trial; and (d) Awarding Plaintiff-Intervenor compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of herein, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, loss of self esteem and loss of civil rights, in amounts to be determined in trial; and

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(e) Awarding Plaintiff-Intervenor punitive damages in an amount to be detennined by the jury for defendant's malicious and reckless conduct; and
(f) Taxing the costs of this action, including reasonable attorneys fees against the defendant; and
(g) Granting such further relief that the Court deems necessary and proper.

JURY TRIAL DEMANDED Plaintiff-Intervenor Demands Trial by Jury of All Issues so Triable

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W. Timothy Moreau

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Sharon Office Park

419-C South Sharon Amity Road

Charlotte, NC 28211

N.C. State Bar No.

Attorneys for Plaintiff-Intevenor

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CERTIFICATE OF SERVICE
The undersigned does hereby certify that he has this day duly served a copy ofthe foregoing Complaint in Intervention upon said parties, by hand delivering to the United States District Court and depositing same to other parties in the United States Mail, first~class, postage prepaid, addressed as follows:

Kara Gibbon Haden Equal Employment Opportunity Commission
Charlotte District 129 West Trade Street
Suite 400 Charlotte, North Carolina 28202
Attorneys for Plaintiff
Michael S. Pitts E. Grantland Bums Nexsen Pruet Adams Kleemeier, LLC
P.O. Box 10648 Greenville, South Carolina 29603-0648
Attorney for Defendant

This the 12th day of March, 2004.

~ W. Timothy Moreau

 
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IN THE UNITED STATES DISTRICT COURT .: THE WESTERN DISTRICT OF NORTH CAROLINA

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ASHEVILLE DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

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CIVIL ACTION NO.l:04CV006~Tc~

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Plaintiff,

)

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CHRISTINA J. SCRUGGS,

)

CONSENT DECREE

)

Plaintiff-Intervenor, )

v.

)

)

RYAN'S FAMILY STEAK HOUSES, INC., )

)

Defendant.

)

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The Equal Employment Opportunity Commission (the "Commission") instituted this 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 alleged unlawful employment practices on the basis of sex (female), and to provide

appropriate relief to Christina Scruggs and similarly situated female employees of Defendant who

were allegedly adversely affected by such practices. Specifically, the Commission's Complaint

alleges that Ryan's Family Steak Houses, Inc. ("Ryan's") subjected Ms. Scruggs and similarly

situated female employees to a sexually hostile work environment. Additionally, the Complaint

alleges that as a result ofthe harassment, Ms. Scruggs was forced to terminate her employment with

Ryan's.

The parties hereby stipulate to jurisdiction of the Court over the parties and agree that the

subject matter of this action is properly before the Court.

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

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

It is therefore the finding ofthis Court, made on the pleadings and the record as a whole, that: (l) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions ofTitle VII will be promoted and effectuated by the entry ofthe Consent Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 20 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against or harass individuals on the basis of sex within the meaning of Title VII of the Civil Rights Act of 1964, and specifically shall not subject female employees to a sexually hostile work environment. 2. Defendant shall not discriminate or retaliate against any person because ofopposition to any practice made unlawful under Title VII, or because of the filing of a charge or anticipated filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under the foregoing statute. 3. Defendant shall pay Christina J. Scruggs the sum of One Hundred Ten Thousand Dollars ($110,000) in damages. Defendant shall make payment by issuing a certified check payable jointly to Christina 1. Scruggs and W. Timothy Moreau, Esq. Payment shall be made within ten (10) days after the Court enters this Consent Decree by mailing the check to W. Timothy Moreau, Esq., Moreau & Marks, 419 S. Sharon Amity Road, Charlotte, NC 28211. Within ten (10) days after the check has been sent to Mr. Moreau, Defendant shall mail to Lynette A. Barnes, Acting Regional Attorney, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202, a copy of the check and proof of its delivery to Mr. Moreau. 4. Defendant shall pay to Odessa Black the sum ofTwenty Thousand Dollars ($20,000) in damages. Defendant shall pay to Michelle Ledford the sum of Twenty Thousand Dollars
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($20,000) in damages. Defendant shall make payment by issuing certified checks payable to each person identified above in the stated amounts. Payment shall be made within ten (10) days after the Court enters this Consent Decree by mailing the checks directly to each individual at addresses to be provided by the Commission. Within ten (10) days after the checks have been sent, Defendants shall mail to Lynette A. Barnes, Acting Regional Attorney, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400, Charlotte, NC 28202, a copy of each check and proof of its delivery.
5. Defendant agrees to eliminate from the employment records of Ms. Scruggs, Ms. Black and Ms. Ledford any and all documents and entries relating to the facts and circumstances which led to the filing of the EEOC charge of discrimination and the related events that occurred thereafter, including the filing of this lawsuit. Within thirty (30) days of the entry of this decree, Defendant shall report compliance to the Commission.
6. Defendant agrees to provide neutral letters ofreference, copies ofwhich are attached hereto, for Christina 1. Scruggs, Odessa Black and Michelle Ledford. In addition, if Defendant receives any inquiries regarding the employment of Ms. Scruggs, Ms. Black or Ms. Ledford, in lieu ofan oral response, Defendant shall provide a copy ofthe aforementioned letter for that individual.
7. Within ninety (90) days of the entry of this Decree by the Court. Defendant shall revise its current written anti~discrimination policy. The revised policy shall include but not be limited to the following: an explanation of the requirements of the federal equal employment opportunity laws, including Title VII of the Civil Rights Act of 1964 and its prohibition against sex discrimination in the workplace, including sexual harassment. Defendant shall distribute to each employee a copy of the revised policy within the aforementioned ninety (90) day time period. Defendant shall report compliance to the Commission.
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8. Within ninety (90) days of the entry of this Decree by the Court, Defendant shall revise or replace the video presentation currently shown during its Discrimination Survey Meetings to include a detailed explanation of sexual harassment and examples of conduct prohibited by Title VII of the Civil Rights Act of 1964. Defendant shall report compliance to the Commission.
9. During the term ofthis Decree, Defendant shall provide an annual training program on the federal equal employment opportunity laws to all personnel. At least fifteen (15) days prior to each program, Defendant shall provide the Commission with an agenda for the training program.
Each training program shall include an explanation of the requirements of the federal equal employment opportunity laws, including Title VII ofthe Civil Rights Act of 1964 and its prohibition against sex discrimination in the workplace, including sexual harassment, and its prohibition against retaliation. Each training program shall also cover an explanation of the rights and responsibilities of employees and managers under Defendant's anti-harassment policy.
10. The first annual training program shall be completed within ninety (90) days after entry of the decree by the Court. Each subsequent training program shall be conducted at approximately one-year intervals. For each training program conducted for employees of Defendant's Shelby, North Carolina restaurant and the restaurants supervised by District Manager David Wofford, 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 within ten (10) days after completion of each such training program.
11. During the term ofthis Decree, Defendant shall distribute its anti-harassment policy to all new employees at the time of hire. Defendant agrees to include training for all new hires on its anti-harassment policy and Title VII, including but not limited to Defendant's obligations under Title VII and employee rights under Title VII, in new hire orientation or other appropriate forums.
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12. During the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Appendix A, hereby made a part ofthis Decree, in Defendant's Shelby, North Carolina restaurant and in each restaurant supervised by District Manager David Wofford, in a place where it is visible to employees. Within ten (10) days ofposting the Notices, Defendant shall report compliance to the Commission. If any Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice.
13. During the term ofthis Consent Decree, Defendant will 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 shall provide the following information for Defendant's Shelby, North Carolina restaurant and each restaurant supervised by District Manager David Wofford:
A. The identities of all individuals who reported or complained of any conduct he/she believed to be unlawful under Title VII of the Civil Rights Act of 1964, 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 l3.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.
14. Defendant agrees that the Commission may review compliance with this Decree. As part of such review, the Commission may inspect the premises, interview employees and examine and copy documents.
15. Ifat any time during the term ofthis Decree, the Commission believes that Defendant is in violation of this Decree, the Commission shall give written notice of the alleged violation to Defendant. Defendant then shall have ten (10) days in which to investigate and respond to the
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allegations. Thereafter, the parties shall have a period of twenty (20) 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.

16. All reports required by this Decree shall be sent to Lynette A. Barnes, Acting

Regional Attorney, Equal Employment Opportunity Commission, 129 West Trade Street, Suite 400,

Charlotte, NC 28202.

17. Each party shall bear its own costs and fees.

18. The term of this Decree shall be for three (3) years from its entry by the Court.

19. This Court shall retain jurisdiction of this cause for the term of this Decree for

purposes of monitoring compliance with this Decree and entry of such further orders as may be

necessary or appropriate. The Court's retention ofjurisdiction herein shall not affect Defendant's

right to enforce, to the extent allowed by law, employee arbitration agreements that are unrelated to

this lawsuit. Likewise, nothing in this agreement is meant to, or should be construed as, a restriction

on the Commission's right to investigate charges of discrimination filed against Defendant or to file

litigation against Defendant as allowed by law.

20. The Decree shall expire by its own terms at the end ofthree (3) years without further

action by the parties. Date

u~--t7
Western District of North Carolina

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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

This

the

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This the day of

O'Vel".,J~ 2004.

EQUAL EMPLOYMENT

RYAN'S FAMILY. STEAK ~SES, INC.

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Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Telephone: 704.344.6885 Facsimile: 704.344.6780
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This the day of December 2004.

MICHAEL S. PITTS, ESQ. E. GRANTLAND BURNS, ESQ. NEXSEN PRUET ADAMS & KLEEMEIER, LLC Post Office Drawer 10648 Greenville, South Carolina 29603-0648 Telephone: 864.282.1138 Facsimile: 864.282.1177

CHRISTINA J. SCRUGGS, Plaintiff-
~~ W. TIMOTHY MOREAU, ESQ. MOREAU & MARKS 419 S. Sharon Amity Road Charlotte, North Carolina 28211 Telephone: 704.362.2919 Facsimile: 704.442.2688

7

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

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

Plaintiff,

)

v.

)

)

RYAN'S FAMILY STEAK HOUSES, INC., )

Defendant.

)

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

CIVIL ACTION NO.l:04-CV-006-T
EMPLOYEE NOTICE

1. This Notice is posted pursuant to a settlement between the U.S. Equal Employment Opportunity Commission and Ryan's Family Steak Houses, Inc. in a case of discrimination based on sex. Specifically, the EEOC alleged that in the 1998-99 timeframe, Ryan's subjected female employees in its Shelby, North Carolina restaurant to a sexually hostile work environment, in violation of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), and that one of the employees was forced to resign as a result of the sexual harassment. Ryan's denied those allegations.

2. Title VII of the Civil Rights Act of 1964 is a federal law which prohibits sex discrimination or retaliation against any employee in all aspects of employment including, but not limited to, hiring, promotion, discharge, pay, job training and fringe benefits. Title VII also prohibits sexual harassment. Sexual harassment may include, but is not limited to, sexual comments, jokes or gestures, requests for sexual favors, inappropriate touching, or sexual advances.

3. In settlement of this lawsuit, Ryan's Family Steak Houses, Inc. agreed to distribute its written anti-
harassment/discrimination policies and to provide annual training regarding the rights of
responsibilities of employees and managers under Title vn.

4. 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.

5. Ryan's Family Steak Houses, Inc. will comply with such federal laws in all respects. Furthermore, Ryall'S Family Steak Houses, Inc. 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

APPENDIX A

JII1\WY 5~ 2005 To WhoJn It May Couceru;
This is to veritY thAt Ms. MicbeUe Lc:cIfbn1 WI! empJoye4 by s R,)'1VlJ family S1eak H~ in Shelby. N, C. :from Ju1y of 1998 dvouP OctobDt af2000. She worked as a 9CnOt ud gemxaUy
IC'tVerJ tue responsible for tbe 0Ye'.Nl1 custom« n:latioDIbip in tho fesraurauts. Servers also
perfDrm spedfic work eJuti,es rha iDeJude serviDs bevenlpa, c1eauia.g custau.v:nlJ l'4bles of used plJZewan u4 silverwan::. supplyins ~le napkius,. retUliDa or rcplaDiDl c;oggdim..." and. direct
COlJIIINDi=* w.idl c:usr.ome.ns.
If),,,,, have any questions. please COI'l13d me at (864) 989..2158.
IlaIuIyHan
Vi" Pr:esi.dcIIJ
Human Racmrccs
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Jamwy 5, 200S

To Whom It May Concern!

Thia is to verify tbat Ms. CbMy Scmgs was employo4 by R.yau"s Family Steak House in

Shelby, N. c. D-OID September or Oc:tabcr of 1991lbroush JUDe of 2000. She wOEXcd as a server

_ anerally semrs are responIJble for 1he overall CUItOmef relariouship in the rcstaW'aDtS.

L1_ Servers also pcr.fbnn spacific work dmie.s the mclude JorviDs bcveta;cl. cleaning custamtls'

tables of

p~ and lilvarware., supplyina rabID IIIpJr.iJl., refill... or rc:pIftCiog

~~ aud din:cn comravIDc;alh:ms with~.

Ifyou &ave any queatioas, please caatacl: me at (164) 989-2158.

RandyHarr
Vice Praideat Humal1 RaOQfCCS

a r ,9 n 1\ /II f( : Il : u r.

~ T I A /II. ,

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To Whom It May Ccucem.:
This is to veritY dlat Ms. Odessa 0i11espie Black was employed by R.yan'a Family Steak House in Shelby, N. C. from Octobar of ]991 tbrouah April of2000. She wmked 88 a server aud ~y
servers ate RlPaasible for '1he ovetalI c:.us&omeI' rclatiouship in the~. Semn also
pcdorm specif1c work duties that iDcludo sllVillg beveraaes.. oJeanJng caslClG1Cl'l' tables of used
plalewaft: and silvOl'WaI1:, supplying able ~ retDli'ns Dr rcp~8 ~a, a.ncl dirccc
COJ'DJIIIDUcatious with customerS.
Jfygg bave any q\leed.ons~ please conract me at (164) 9&9--2158.
lQndyKan
Vice PtesideDt Human RtsOUlWl

r ~ A N I( l;"t I 11 I I I ' ' ' '

/I. JIooI ' • T ... l .1. II ., ,=. 01 ~ " I'~ .. pot • " , "

I) :I" ., r r: -:

ejb United States District Court
for the Western District of North Carolina
January 26 r 2005
* * MAILING CERTIFICATE OF CLERK * *
Re: 1:04-cv-00006
True and correct copies of the attached were mailed by the clerk to the following:
E. Grantland Burns r Esq. Nexsen r Pruetr Adams r & Kleemeier r LLC P. O. Drawer 10648 Greenville r SC 29603
Michael S. Pitts r Esq. Nexsen r Pruetr Adams r & Kleemeier, LLC P. O. Drawer 10648 Greenville r SC 29603
Gwendolyn Young Reams r Esq. Equal Employment Opportunity Commission 1801 L Streetr N.W. 7th Floor Washington, DC 20507
James L. Deputy General Counselr Esq. Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507
Lynette A. Barnes, Esq. Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202
Kara L. Gibbon Haden, Esq. Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Suite 400 Charlotte, NC 28202
W. Timothy Moreau, Esq. Moreau & Marks, PLLC 419-C S. Sharon Amity Rd. Charlotte, NC 28211

cc:
Judge Magistrate Judge U.s. Marshal
Probation U.s. Attorney Atty. for Deft.
Defendant Warden
Bureau of Prisons Court Reporter
Courtroom Deputy Orig-Security
Bankruptcy Clerk's Ofc. Other

(~
( ) ( )
( ) ( ) ( )
( ) ( )
( ) ( )
( ) ( )
( ) ( )

/oS Date: I/;1..~ t

Frank G. Johns, Clerk
By: L~~
Deputy Clerk

 
 CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?939385174162829-L_...

U.S. District Court Western District of North Carolina (Asheville) CIVIL DOCKET FOR CASE #: 1:04-cv-00006

CLOSED

EEOC v. Ryan's Fam Steak Hou Assigned to: Lacy Thornburg Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission
1 of 5

Date Filed: 01/08/2004 Date Terminated: 01/26/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by 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
James L. Deputy General Counsel Equal Employment Opportunity Commission 1801 L Street, N.W. 7th Floor Washington, DC 20507 202/663-4736 LEAD ATTORNEY ATTORNEY TO BE NOTICED
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
Lynette A. Barnes Equal Employment Opportunity Commission Charlotte District Office
5/24/2007 11:19 AM

CM/ECF - LIVE DATABASE - NCWD - Docket Report
Intervenor Plaintiff Christina J. Scruggs
V. Defendant Ryan's Family Steak Houses, Inc.
Intervenor Defendant Ryan's Family Steak Houses, Inc.
2 of 5

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?939385174162829-L_...
129 W. Trade Street, Suite 400 Charlotte, NC 28202 704.344.6878 Fax: 704.344.6780 Email: lynette.barnes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by W. Timothy Moreau Moreau & Marks, PLLC 419-C S. Sharon Amity Rd. Charlotte, NC 28211 704-362-2919 Fax: 704-442-2668 Email: tmoreau@moreauandmarks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by E. Grantland Burns Nexsen, Pruet, Adams, & Kleemeier, LLC P. O. Drawer 10648 Greenville, SC 29603 864-370-2211 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael S Pitts Nexsen, Pruet, Adams, & Kleemeier, LLC P.O. Drawer 10648 Greenville, SC 29603 864-370-2211 Fax: 864-282-1177 Email: mpitts@nexsenpruet.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by E. Grantland Burns (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael S Pitts (See above for address) LEAD ATTORNEY
5/24/2007 11:19 AM

CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?939385174162829-L_...

ATTORNEY TO BE NOTICED

Date Filed 01/08/2004 01/08/2004 01/08/2004 02/03/2004 02/03/2004 02/03/2004 02/03/2004 02/03/2004
02/03/2004
02/03/2004 02/03/2004 02/10/2004
03/12/2004 03/12/2004 04/05/2004 04/08/2004 04/15/2004

#

Docket Text

1 COMPLAINT (jhg) (Entered: 01/13/2004)
Consent to Trial by Magistrate Form given by Clerk to counsel of record (jhg) (Entered: 01/13/2004)
2 CONSENT/REFUSAL to Magistrate Jurisdiction by EEOC - consent (jhg) (Entered: 01/13/2004)
3 ANSWER to Complaint by Ryan's Fam Steak Hou (jhg) (Entered: 02/06/2004)
4 Disclosure of Corporate Affiliations other entities with a direct financial interest in litigation by Ryan's Fam Steak Hou (jhg) (Entered: 02/06/2004)
5 CONSENT/REFUSAL to Magistrate Jurisdiction by Ryan's Fam Steak Hou refusal (jhg) (Entered: 02/06/2004)
6 CERTIFICATE OF SERVICE by Ryan's Fam Steak Hou (jhg) (Entered: 02/06/2004)
7 MOTION by Ryan's Fam Steak Hou for E. Grantland Burns to Appear Pro Hac Vice referred to: Magistrate Judge Max O. Cogburn Jr. (jhg) (Entered: 02/06/2004)
8 AFFIDAVIT of E. Grantland Burns filed by Ryan's Fam Steak Hou re: [7-1] motion for E. Grantland Burns to Appear Pro Hac Vice (jhg) (Entered: 02/06/2004)
Pro Hac Vice Fee Paid for E. Grantland Burns; FEE $ 100.00 RECEIPT # 17439 (jhg) (Entered: 02/06/2004)
9 CERTIFICATE OF SERVICE by Ryan's Fam Steak Hou (jhg) (Entered: 02/06/2004)
10 ORDER granting [7-1] motion for E. Grantland Burns to Appear Pro Hac Vice ( signed by Magistrate Judge Max O. Cogburn Jr. ) [EOD DATE: 2/11/04] (jhg) (Entered: 02/11/2004)
11 MOTION for permission to Intervene by Christina J. Scruggs referred to: Judge Lacy H. Thornburg (ejb) (Entered: 03/18/2004)
12 BRIEF by Christina J. Scruggs in support of [11-1] motion for permission to Intervene by Christina J. Scruggs (ejb) (Entered: 03/18/2004)
Case file sent to Judge Thornburg's office (jhg) (Entered: 04/05/2004)
13 Certificate of I.A.C. and Discovery Plan by movant Christina J. Scruggs, defendant Ryan's Fam Steak Hou, plaintiff EEOC (jhg) (Entered: 04/09/2004)
Case file returned to clerk's office (jhg) (Entered: 04/16/2004)

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CM/ECF - LIVE DATABASE - NCWD - Docket Report

https://ecf.ncwd.uscourts.gov/cgi-bin/DktRpt.pl?939385174162829-L_...

04/15/2004
04/15/2004
04/15/2004 04/19/2004 06/22/2004 06/23/2004 06/30/2004 11/03/2004 11/03/2004 11/17/2004 11/19/2004 11/22/2004 11/23/2004 01/26/2005 01/26/2005

14 ORDER granting [11-1] motion for permission to Intervene by Christina J. Scruggs and that deft file and answer or other responsvie pleading within twenty days after service of this Order. ( signed by Judge Lacy H. Thornburg ) [EOD DATE: 4/16/04] (jhg) (Entered: 04/16/2004)
15 INITIAL PRETRIAL ORDER Discovery deadline is 12/17/04 Motion filing deadline is 1/14/05 Mediation due: 11/15/04 Jury Trial set for 3/7/05 before Judge Lacy H. Thornburg ETT: 5 days ( signed by Judge Lacy H. Thornburg ) (jhg) (Entered: 04/16/2004)
16 Intervenor's COMPLAINT by Christina J. Scruggs against Ryan's Fam Steak Hou (ejb) Modified on 04/27/2004 (Entered: 04/27/2004)
17 ANSWER by Ryan's Fam Steak Hou to [16-1] intervenor complaint (ejb) Modified on 04/27/2004 (Entered: 04/27/2004)
18 Consent ORDER Enlarging Time for Discovery Responses, reset Discovery deadline to 7/21/04 ( signed by Judge Lacy H. Thornburg ) [EOD DATE: 6/23/04] (jhg) Modified on 06/24/2004 (Entered: 06/23/2004)
Deadline updated; reset Discovery deadline to 7/21/04 re: Consent Order (jhg) (Entered: 06/23/2004)
CASE NO LONGER REFERRED TO Magistrate Judge Max O. Cogburn Jr. (pdf) (Entered: 07/01/2004)
19 MOTION by Ryan's Fam Steak Hou to Compel pltf-intervenor to submit to a mental examination referred to: Magistrate Judge Dennis L. Howell (jhg) (Entered: 11/04/2004)
20 MEMORANDUM by Ryan's Fam Steak Hou in support of [19-1] motion to Compel pltf-intervenor to submit to a mental examination by Ryan's Fam Steak Hou (jhg) (Entered: 11/04/2004)
Case file sent to Judge Howell's office (jhg) (Entered: 11/17/2004)
21 Certificate of completion of ADR session Session Type: Mediation, Result: Settled (jhg) (Entered: 11/23/2004)
22 Letter NOTICE of Settlement during Mediation by Ryan's Fam Steak Hou (jhg) (Entered: 11/23/2004)
Case file returned to clerk's office (jhg) (Entered: 11/23/2004)
23 CONSENT DECREE by defendant Ryan's Fam Steak Hou, plaintiff EEOC, intervenor-plaintiff Christina J. Scruggs, intervenor-defendant Ryan's Fam Steak Hou (pdf) (Entered: 01/27/2005)
Case closed (pdf) (Entered: 01/27/2005)

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Docket Report

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