Case 1:06-cv-00731-UA-WWD Document 1 Filed 08/31/2006 Page 1 of 5

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CAROLYN FABRICS, INC.

)

)

Defendant.

)

____________________________________)

Civil Action No.: 1:06cv731 C O M P L A I N T
JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and the Civil Rights Act

of 1991, to correct unlawful employment practices on the basis of sex, and to provide appropriate

relief to Lisa Brooks and a class of similarly situated female employees, who were adversely

affected by such practices. Plaintiff, the Equal Employment Opportunity Commission (“EEOC”

or “the Commission”) alleges that a male employee of Carolyn Fabrics, Inc. (“Defendant”)

sexually harassed Ms. Brooks and other similarly situated female employees because of their

sex, female. The Commission further alleges that Defendant failed to take prompt and

appropriate corrective action to stop the 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 § 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.

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2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of North Carolina.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission, is an 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), 42 U.S.C., § 2000e5(f)(1) and (3). 4. At all relevant times, Defendant has continuously been a North Carolina corporation doing business in the State of North Carolina, and the County of Guilford, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Lisa Brooks 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 summer 2003, Defendant has engaged in unlawful employment practices at its High Point, North Carolina facility, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2. Specifically, Defendant subjected Lisa Brooks and a class of similarly situated female employees to sexual harassment by a male co-worker because of their sex, female. The sexual harassment included sexually offensive language, touching, sexual propositions, and sexual gestures by the male employee, which created a sexually hostile work
2

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environment for Defendant’s female employees. Defendant knew, or reasonably should have known about the unlawful harassment and failed to take prompt and appropriate corrective action to stop it.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Lisa Brooks and a class of similarly situated female employees of equal employment opportunities and otherwise adversely affect their status as employees based on their sex.
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 of Lisa Brooks and a class of similarly situated female employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practices which discriminate on the basis of sex. B. Order Defendant 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 to adopt and enforce a sexual harassment policy designed to provide protection to women and to provide women equal employment opportunities. D. Order Defendant to make whole Lisa Brooks and all similarly situated women by providing appropriate compensatory relief, in amounts to be proven at trial, and other affirmative
3

Case 1:06-cv-00731-UA-WWD Document 1 Filed 08/31/2006 Page 4 of 5 relief necessary to eradicate the effects of its unlawful employment practices alleged above.
E. Order Defendant to make whole Lisa Brooks and all similarly situated women by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial.
F. Order Defendant to make whole Lisa Brooks and all similarly situated women by providing compensation for non-pecuniary losses resulting from the unlawful practices complained of above, including past and future emotional pain and suffering, humiliation, embarrassment, anxiety, inconvenience, loss of enjoyment of life and loss of civil rights, in amounts to be determined at trial.
G. Order Defendant to pay Lisa Brooks and all similarly situated women punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper. I. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised in its complaint.
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Respectfully submitted,
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
/s/ Lynette A. Barnes ______ LYNETTE A. BARNES Regional Attorney North Carolina Bar No. 19732
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 W. Trade Street, Suite 400 Charlotte, N.C. 28202
TRACY HUDSON SPICER Supervisory Trial Attorney
/s/ Suzanne Lenahan Nyfeler SUZANNE LENAHAN NYFELER Senior Trial Attorney Virginia Bar No. 40450
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Richmond Local Office 830 East Main Street, Suite 600 Richmond, Virginia 23219 Telephone: (804) 771-2215 Facsimile: (804) 771-2222
-5-

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CAROLYN FABRICS, INC.

)

)

Defendant.

)

)

Civil Action No.: 1:06cv731 CONSENT DECREE

The Equal Employment Opportunity Commission (the "Commission") instituted this action pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The Commission’s complaint alleged that a male employee of Carolyn Fabrics, Inc. (the “Defendant”) sexually harassed Lisa Brooks and other similarly situated female employees because of their sex, female. The Commission further alleged that the Defendant failed to take prompt and appropriate corrective action to stop the harassment.
The Commission and the Defendant hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter of this action is properly before the Court.
The parties have advised this Court that they desire to resolve the allegations in the Complaint without the burden, expense, and delay of further litigation. It is understood and agreed that this settlement is the compromise of disputed claims (which Defendant has denied above) and is not an admission of liability or wrongdoing by Defendant.
It is therefore the finding of this Court, made on the pleadings and the record as a whole, that: (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions of Title VII will be promoted and effectuated by the entry of the Consent Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in

Case 1:06-cv-00731-WLO-WWD Document 13 Filed 09/12/2007 Page 1 of 6

paragraphs 1 through 18 below.

It is therefore ORDERED, ADJUDGED AND DECREED as follows:

1. Defendant shall not discriminate against any person on the basis of sex or any

other protected category within the meaning of Title VII.

2. Defendant shall not discriminate or retaliate against any person because of

opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964 or

because of the filing of a charge, the giving of testimony or assistance, or the participation in any

investigation, proceeding or hearing under that statute.

3. Defendant shall pay Lisa Brooks the sum of twenty thousand dollars ($20,000) in

settlement of the claims raised in this action in settlement of Plaintiff’s claims for compensatory

damages and will subsequently issue to Ms. Brooks a 1099 form reflecting such payment.

Defendant shall make payment by issuing a check payable to Lisa Brooks. Payment shall be

made within fifteen (15) days after the Court approves this Consent Decree, and Defendant shall

mail the check to Ms. Brooks at an address provided by the Commission. Within ten (10) days

after the check has been sent, Defendant shall mail to Lynette A. Barnes, Regional Attorney,

Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C.,

28202, a copy of the check and proof of its delivery to Ms. Brooks.

4.

Defendant shall pay Terri Allen the sum of five thousand dollars

($5,000) in settlement of the claims raised in this action in settlement of Plaintiff’s claims for

compensatory damages and will subsequently issue to Ms. Allen a 1099 form reflecting such

payment. Defendant shall make payment by issuing a check payable to Terri Allen. Payment

shall be made within fifteen (15) days after the Court approves this Consent Decree, and

Defendant shall mail the check to Ms. Allen at an address provided by the Commission. Within

ten (10) days after the check has been sent, Defendant shall mail to Lynette A. Barnes, Regional

Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400,

Charlotte N.C., 28202, a copy of the check and proof of its delivery to Ms.Allen.

5.

Defendant shall pay Michele Register the sum of ten thousand dollars

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($10,000) in settlement of the claims raised in this action in settlement of Plaintiff’s claims for compensatory damages and will subsequently issue to Ms. Register a 1099 form reflecting such payment. Defendant shall make payment by issuing a check payable to Michele Register. Payment shall be made within fifteen (15) days after the Court approves this Consent Decree, and Defendant shall mail the check to Ms. Register at an address provided by the Commission. Within ten (10) days after the check has been sent, Defendant shall mail to Lynette A. Barnes, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the check and proof of its delivery to Ms.Register.
6. Within ten (10) days of the entry of this Decree by the Court, Defendant shall eliminate from the employment records of Lisa Brooks, Terri Allen and Michele Register any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge Number 145-2005-01352 and the related events that occurred thereafter. Within fifteen (15) days of the entry of this Decree by the Court, Defendant shall report compliance with this provision to the EEOC.
7. Defendant and/or its officers, agents, employees, successors, assigns agree to refrain from engaging in reprisal or retaliation of any kind against Brooks, Register or Allen when asked for information or references regarding their employment. Defendant shall respond to any verbal inquiries for such information by stating that it is the defendant’s policy not to give any information nor make any comment on former employees.
8. Within ninety (90) days of the entry of this Decree by the Court, Defendant shall adopt, implement, and distribute a revised, formal, written anti-discrimination policy, which shall include but not be limited to the following: an explanation of the requirements of the federal equal employment opportunity laws, including Title VII and its prohibition against sexual harassment; procedures for reporting discrimination; and a procedure for the thorough and immediate investigation of employee complaints of discrimination. Defendant shall distribute to each current employee a copy of the policy within the aforementioned 90 day time period. Within one hundred (100) days of the entry of this Decree, Defendant shall report compliance to
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the Commission. During the term of this Decree, Defendant shall distribute the revised policy to all current employees and new employees and review it with them at the time of hire.
9. During the term of this Decree, Defendant shall post a copy of the revised policy described in paragraph 8, supra, in all of its facilities in High Point, North Carolina in a place where it is visible to employees. If the policy becomes defaced or unreadable, Defendant shall replace it by posting another copy of the policy. Within one hundred (100) days after the Consent Decree is entered, Defendant will post the policy and notify the EEOC that it has been posted.
10. During the term of this Decree, Defendant shall provide an annual training program to all of its managers, supervisors and employees in High Point, North Carolina. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964, and its prohibition against sexual harassment in the workplace. Each training program shall also include an explanation of Defendant’s policy referenced in paragraph 8 above, and an explanation of the rights and responsibilities of employees and managers under the policy.
The first training program shall be completed within one hundred (100) days after entry of the Decree by the Court. Each subsequent training program shall be conducted at approximately one-year intervals. At least fifteen (15) days prior to each program, Defendant shall provide the Commission with an agenda for the training program. Within ten (10) days after completion of each training program, 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.
11. Beginning within thirty (30) days after the entry of this Decree by the Court, and continuing throughout the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Exhibit A, hereby made a part of this Decree, in a place where it is visible to employees at its High Point, North Carolina facilities. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice. Within forty-five
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(45) days after entry of this Decree, Defendant shall notify the Commission that the Notice has

been posted pursuant to this provision.

12. During the term of this Consent Decree, Defendant shall provide the Commission

with reports at six (6) month intervals, with the first being due four (4) months after approval by

the Court of this Decree. The reports will include the following information:

A.

the identities of all individuals who have (i) complained that they

have been subjected to any sexual conduct in the workplace; (ii) directly

or indirectly opposed any practice made unlawful under Title VII of the

Civil Rights Act of 1964; and/or (iii) filed a charge, given testimony or

assistance, or participated in any investigation, proceeding or hearing

under the foregoing statute. By way of identification this report shall

include each person’s name, address, telephone number, position, social

security number, and the basis of their complaint. This provision applies

to, but is not limited to, complaints of sexual conduct and/or sexual

harassment in the workplace;

B.

for each individual identified in 12.A. above, explain what action

Defendant took in response to the individual’s complaint, including

providing copies of any notes, statements and documentation in electronic

or written format of any investigation conducted by the Defendant, its

employees and/or agents;

C.

for each individual identified in 12.A. above, explain whether the

individual’s employment status has changed in any respect. Including but

not limited to, termination, firing, demotion, promotion, or to part-time

from full-time; and

D.

for each individual whose employment status has changed as

identified in 12.C. above, a detailed statement explaining why the

individual’s employment status has changed.

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In the event there is no activity to report pursuant to this paragraph, Defendant shall send EEOC a “negative” report indicating no activity.
13. The Commission may review compliance with this Decree. As part of such review, the Commission may, upon 48 hours notice, inspect Defendant’s facility, interview employees and examine and copy documents. No advance notice shall be required for the Commission to inspect Defendant’s facility solely to ensure compliance with paragraphs 9 and/or 11. The Commission’s inspection will be conducted sometime from 8:00 a.m. to 5:00 p.m.; Monday through Friday during the Defendant’s regularly scheduled operating hours.
14. If anytime during the term of this 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 ten (10) days in which to investigate and respond to the allegations. Thereafter, the parties shall then have a period of ten (10) days or such additional period as may be agreed upon by them, in which to engage in negotiation regarding such allegations before the Commission exercises any remedy provided by law.
15. The term of this Decree shall be for three (3) years from its entry by the Court. 16. All reports or other documents sent to the Commission by Defendant pursuant to this Decree shall be sent to: Lynette A. Barnes, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202. 17. Each party shall bear its own costs and attorney’s fees. 18. This Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.

September 12, 2007

___________________________________ United States District Judge

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 CM/ECF - ncmd - Docket Report

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18RA, CLOSED, MEDIATION, SO30
U.S. District Court North Carolina Middle District (Durham) CIVIL DOCKET FOR CASE #: 1:06-cv-00731-WLO-WWD

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. CAROLYN FABRICS, INC. Assigned to: JUDGE WILLIAM L. OSTEEN Referred to: MAG/JUDGE WALLACE W. DIXON Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 08/31/2006 Date Terminated: 09/14/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by SUZANNE L. NYFELER U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 830 E. MAIN ST., STE. 600 RICHMOND, VA 23219 804-771-2215 Fax: 804-771-2222 Email: Suzanne.Nyfeler@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant CAROLYN FABRICS, INC.

represented by FRED T. HAMLET POB 29246 GREENSBORO, NC 27429-9246 336-378-9751 Fax: 336-378-9968 Email: hamletatty@earthlink.net ATTORNEY TO BE NOTICED

Date Filed 08/31/2006
08/31/2006

# Docket Text
1 COMPLAINT EQUAL EMPLOYMENT OPPORTUNITY COMMISSION against CAROLYN FABRICS, INC., filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(NYFELER, SUZANNE) (Entered: 08/31/2006)
2 CIVIL COVER SHEET, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(NYFELER, SUZANNE) (Entered: 08/31/2006)

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08/31/2006 08/31/2006
10/03/2006 10/03/2006 12/18/2006 01/18/2007 01/23/2007 01/23/2007 01/23/2007 01/26/2007
01/26/2007 01/30/2007 01/30/2007
02/06/2007

CASE REFERRED to Standing Order 30 (McClain, Abby) (Entered: 09/01/2006)
CASE REFERRED to Mediation pursuant to Local Rule 83.10b of the Rules of Practice and Procedure of this Court. Please go to our website form directory for a list of mediators which must be served on all parties. (McClain, Abby) (Entered: 09/08/2006)
3 Summons Issued as to CAROLYN FABRICS, INC. (McClain, Abby) (Entered: 10/03/2006)
4 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (McClain, Abby) (Entered: 10/03/2006)
5 DEFENDANT'S ANSWER to Complaint by CAROLYN FABRICS, INC.. (HAMLET, FRED) (Entered: 12/18/2006)
6 NOTICE of Initial Pretrial Conference Hearing:Initial Pretrial Conference Hearing set for 2/21/2007 09:30 AM in Durham Courtroom #1 before MAG/JUDGE WALLACE W. DIXON. (Williamson, Wanda) (Entered: 01/18/2007)
7 REPORT Joint Rule 26(f) by Defendant CAROLYN FABRICS, INC.. (HAMLET, FRED) (Entered: 01/23/2007)
8 Notice to Parties RE: SO30 Responses due by 2/26/2007 (McCarty, Dianne) (Entered: 01/24/2007)
Rule 26(f) Report (Joint) filed by all parties by CAROLYN FABRICS, INC., EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Williamson, Wanda) (Entered: 01/26/2007)
NOTICE of Docket Text/Event Modification re 7 Joint Rule 26(f) Report (Entered on 1/23/07). Counsel this document has been redocketed using the appropriate event located under Category "Motions", Event "Rule 26(f) Report Joint" as set out in the CM/ECF Administrative Policies Procedure Manuel. (Williamson, Wanda) (Entered: 01/26/2007)
***Motions Referred: Rule 26(f) Report (Joint) filed by all parties to Judge WALLACE W. DIXON - (Williamson, Wanda) (Entered: 01/26/2007)
Case Reassigned to Judge WILLIAM L. OSTEEN. Judge UNASSIGNED no longer assigned to the case. (Powell, Gloria) (Entered: 01/30/2007)
9 ORDER APPROVING JOINT RULE 26F REPORT that this case has been placed on a case-management track established in LR26.1 as COMPLEX. All discovery shall be completed by 9/28/07. Notice of Intent to file Disp Motions are due by 10/8/07. Mediation shall be conducted late in the discovery period. The parties agree that the mediator shall be Jon Harkavy. Plaintiffs should be allowed until 5/1/2007 to request leave to join additional parties or amend pleadings. Defendant should be allowed until 6/1/07 to request leave to join additional parties or amend pleadings. The parties agree that this case should not be referred to a magistrate judge. ETT 2-3 days. Signed by Judge WALLACE W. DIXON on 1/30/07. (Simmonds, Lisa) (Entered: 01/30/2007)
MEDIATION SCHEDULING ORDER; Mediation due by 9/28/2007. (Gammon, Cheryl) (Entered: 02/06/2007)

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02/20/2007 02/26/2007 09/05/2007
09/11/2007 09/12/2007 09/12/2007

10 NOTICE of Hearing:,Jury Trial set for 4/7/2008 09:30 AM. Trial Briefs, etc. due 3/18/2008. (Winchester, Robin) (Entered: 02/20/2007)
11 ORDER Appointing JONATHAN R. HARKAVY as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl) (Entered: 02/26/2007)
12 Joint MOTION for Entry of Consent Decree by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Responses due by 9/28/2007 (Attachments: # 1 Text of Proposed Order Consent Decree# 2 Exhibit Exhibit A to Proposed Consent Decree)(NYFELER, SUZANNE) Modified on 9/6/2007 to correct spacing (Lee, Lisa). (Entered: 09/05/2007)
***Motions Submitted: 12 Joint MOTION for Entry of Consent Decree to Judge WILLIAM L. OSTEEN - (Winchester, Robin) (Entered: 09/11/2007)
Motions No Longer Submitted 12 Joint MOTION for Entry of Consent Decree to Judge WILLIAM L. OSTEEN (Lee, Lisa) (Entered: 09/12/2007)
13 CONSENT DECREE signed by Judge WILLIAM L. OSTEEN on 9/12/2007 re (Pldg. No. 12 , Joint MOTION for Entry of Consent Decree filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION) that this Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 18 of this order. (Lee, Lisa) (Entered: 09/12/2007)

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